1 2025:CGHC:57234 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1424 of 2025 Dushala Bai W/o Shri Shishupal Jangde, Aged About 38 Years, R/o Village Anwari, Tahsil Kurud, District - Dhamtari (C.G.) ... Applicant versus Shishupal Jangde S/o Late Ferharam Jangde Aged About 54 Years R/o. Village Potiyadih, Tahsil and District - Dhamtari (C.G.) ... Respondent For Applicant : Mr. Pushpendra Kumar Patel, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.11.2025 1. This criminal revision has been filed by the applicant being aggrieved with the impugned order dated 17.10.2025 passed by the learned Judge, Family Court, Dhamtari, District – Dhamtari (C.G.) in Miscellaneous Criminal Case No.135/2024, whereby the learned Family Court has rejected the application of the applicant filed under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for grant of maintenance. 2. The brief facts of the case is that the applicant instituted an application under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking maintenance of Rs. 10,000/- from the respondent/non-applicant PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.27 11:03:21 +0530 2 on the ground that the applicant and the respondent are husband and wife, having solemnized their marriage on 23.03.2022 according to social rituals at Village Anwari, District Dhamtari (C.G.). After some time, they lived together happily. Thereafter, the applicant and the respondent started residing at Raipur in a house, which was subsequently sold, and the petitioner was sent back to her parental home. The respondent began ill-treating the applicant under the influence of alcohol. In order to save her marital life, the applicant tolerated such misconduct. The applicant later came to know about the respondent’s physical relationships with other women. Owing to such behaviour, the applicant has been living separately from the respondent for the last two years. The applicant, due to ill health, is unable to earn and is presently residing with her parents. The respondent owns 8 acres of agricultural land, from which he earns approximately Rs. 10 lakhs per annum. Besides this, he is also engaged in a private job, earning about Rs. 15,000/- per month. Hence, the petitioner filed an application under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 before the learned Family Court, Dhamtari. 3. Learned counsel appearing for the applicant submits that the impugned order passed by the learned Family Court is contrary to the facts and evidence available on record, even to the extent it has been considered. The learned Family Court has not properly appreciated the evidence adduced by the applicant. The learned Family Court failed to consider that the petitioner/applicant left the respondent’s house due to the harassment inflicted upon her. The refusal to award maintenance in favour of the petitioner is contrary to law, especially considering her financial and physical condition. The applicant, through cogent evidence, has clearly established the cruelty committed by the respondent, which compelled her to leave the matrimonial home. Therefore, she had sufficient and valid 3 reason to live separately, and under the law, she is entitled to claim maintenance. 4. I have heard learned counsel for the applicant, perused the pleadings and documents appended thereto. 5. Considering the submissions advanced by the learned counsel for the applicant, and from the perusal of the impugned order passed by the learned Family Court, it transpires that after hearing all the statements of the witnesses and perusing the evidence available on record, and considering the conditions of both the parties, the learned Family Court has passed the impugned order, and there is no any illegality and infirmity while passing the same which requires interference by this Court. 6. Accordingly, the present revision being devoid of merit, is liable to be and is hereby dismissed. 7. Let a copy of this order be transmitted to the Family Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Preeti