1 2025:CGHC:20806 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 563 of 2025 1 - Kanta Sidar D/o Late Ramsingh Aged About 25 Years R/o Ward No. 9, Kachanda, Police Station Jaijaipur, District Sakti (C.G.) ... Petitioner(s) versus 1 - Lakeshwari Kumari D/o Late Ramsingh Aged About 30 Years R/o Village Bhutha Tahsil Malkharoda, P.S. Malkharoda, District Sakti (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Harishankar Patel, Advocate. S.B. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 06/05/ 2025 1. Heard on admission. 2. The present revision has been filed under Section 19(4) of the Family Courts Act, 1984, read with Section 438 and Section 442 of BNSS, 2023 against the impugned order dated 04.02.2025 passed by learned Principal Judge (Link Court), family Court, Sakti, District- Janjgir-Champa in Case No. 48/2024, whereby the application filed by the petitioner under Section 125 of Cr.P.C. has been rejected on the ground that the petitioner is the sister of the 2 respondent and she cannot claim maintenance under Section 125 of Cr.P.C. and her application is not maintainable. 3. The brief facts of the case are that the petitioner is the younger sister of the respondent. The respondent, after death of her father, obtained the compassionate appointment in the office of Assistant Director, Horticulture, Kulipota, District Janjgir-Champa. The claim of the petitioner is that she is the younger sister of the respondent, at the time of compassionate appointment, she executed an affidavit before the department that she will maintain the entire family members but she is not maintaining them, therefore, she claimed maintenance from her through the application filed under Section 125 of Cr.P.C. The notices have been issued to the respondent by the learned family Court and on 07.11.2024 the respondent had filed an application before the learned family Court raising objection regarding maintainability of the application filed by the petitioner that her application under Section 125 of Cr.P.C. is not maintainable as she is the major girl and cannot claim maintenance from her. The application filed by the respondent was replied by the petitioner and ultimately after hearing the parties the learned family Court has passed the order on 04.02.2025 and rejected the application filed by the petitioner on the ground that the petitioner cannot claim maintenance under Section 125 of Cr.P.C. from her married sister, which is under challenge in the present petition. 4. Learned counsel for the petitioner would submit that the respondent has executed an affidavit at the time of her compassionate appointment that she will maintain the entire family members and on that ground that the appointment was given to her but she failed to maintain the petitioner who is her younger sister and therefore she claimed maintenance from her. The property of her father has also possessed by the respondent and the 3 petitioner is having no source of income for her livelihood, therefore, the maintenance may be granted to her against the respondent. 5. I have heard learned counsel for the petitioner and perused the material annexed with the petition. 6. Section 125 of Cr.P.C. provides the order for maintenance for wives, children and parents. It is necessary to quote the provisions of Section 125 of Cr.P.C. for sake of convenience:- 125. Order for maintenance of wives, children and parents. (1) If any person having sufficient means neglects or refuses to maintain - (a) his wife, unable to maintain herself, or (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or (d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate [* * *], as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct : Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means: [Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub- section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct: 4 Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.] Explanation. - For the purposes of this Chapter, - (a) "minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875) is deemed not to have attained his majority (b) "wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not re-married. [(2) Any such allowance for the maintenance or interim maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.] (3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month's [allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be,] remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made : Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation. - If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife's refusal to live with him. (4) No wife shall be entitled to receive an [allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be,] from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent. 5 (5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order. 7. From perusal of the provisions of Section 125 of Cr.P.C. it appear that it is nowhere mentioned that the younger sister can claim maintenance from her elder sister who obtained the compassionate appointment after executing an affidavit in the department. She may or may not be dependent upon the respondent but she cannot claim maintenance under the provisions of Section 125 of Cr.P.C. from the respondent. 8. In view of the provisions of Section 125 of Cr.P.C., I do not find any perversity or illegality in the order passed by the learned family Court and accordingly the present criminal revision is dismissed. 9. The petitioner is at liberty to avail her remedy in appropriate proceeding available to her in accordance with law. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.05.08 11:34:13 +0530