Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:6795
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 170 of 2025 1 - Gaurav Tiwari S/o Shri Mahesh Tiwari Aged About 30 Years Occupation - Documents Writer, R/o B.I.T. Dhal Kobiya, Tah. Bemetara, Thana - Bemetara, Dist. - Bemetara (C.G.) (Non-Applicant)
... Applicant(s) versus 1 - Smt. Rachna Tiwari W/o Gaurav Tiwari Aged About 27 Years R/o Shiv Chowk, Ramsagar Para, Dhamtari, Mobile- 8770240803, Tah. And Dist. - Dhamtari (C.G.) (Applicant)
... Respondent(s) For Applicant(s) : Mr. Viprasen Agrawal, Advocate For Respondent(s) :
Hon’ble Shri Justice Arvind Kumar Verma, Judge
Order on Board 06/02/2025
1. The present Criminal Revision is filed by the applicant under Section 19(4) of the Family Court Act, 1984 against the order dated 20.11.2024 passed by the Family Court, Dhamtari, District-
2 Dhamtari, (C.G.).
2. Brief facts of the case is that the respondent is legally wedded wife of petitioner. Their marriage was solemnized approximately 3 years ago. Applicant has filed an application under Section 125 Cr.P.C. contending that applicant is unable to meet her daily routine family expenses and non-applicant is not providing her any kind of financial support to carry her family life whereas he is legally liable to bear it.
3. Learned counsel for the applicant contended that the impugned
order of maintenance of Rs. 6000/- is contrary to law and facts available on records. He further contended that the court below have erred in granting maintenance amount to the respondent as such she herself is capable to maintain her by the help of her profession of Modelling.
4. I have heard learned counsel for the applicant and perused the record with utmost circumspection.
5. From perusal of record it is crystal clear that the respondent is legally wedded wife of the applicant and their marriage was solemnized on 13.12.2021 as per Hindu rituals and customs. The applicant is a document writer (vthZuohl) and earns by working in Registry and Tehsil Office, District- Bemetara. The learned Judge, Family Court, Dhamtari has vide its order dated 20.11.2024 granted maintenance of Rs. 6,000/-.
6. The applicant/husband cannot be absolved from his liability and responsibility to maintain his wife. Since the wife is unable to
3 maintain herself, therefore, a reasonable/sufficient amount is required for her maintenance which shall have to be paid by the husband, irrespective of the decree of dissolution of marriage. The Family Court has granted a very meager amount of Rs. 6,000/- per month.
7. Therefore, this Court does not find any illegality or perversity in the order dated 20.11.2024 passed by the Judge, Family Court, Dhamtari in MJC No. 51/2023.
8. Accordingly, the present Criminal Revision is dismissed on merits. Sd/-
(Arvind Kumar Verma)
JUDGE Madhurima