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2025 DAILYLAW 54108 (CHH)

CHHATRAPAL SANDIL v. SMT. CHANDRA KALI SANDIL

CRR/195/2025 · 2025-02-06

Shri Arvind Kumar Verma

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Judgment text

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1 2025:CGHC:7028 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 195 of 2025 1 - Chhatrapal Sandil S/o Shri Narendra Sandil Aged About 25 Years R/o Village Panchpedi, Ward No. 10, Tahsil - Masturi, District - Bilaspur Chhattisgarh ... Applicant(s) versus 1 - Smt. Chandra Kali Sandil W/o Shri Chhatrapal Sandil Aged About 34 Years R/o Ward No. 10/849, L.I.M. Chauk, Pachpedi, Bilaspur, District - Bilaspur Chhattisgarh At Present R/o Village - Chherakapur, Tahsil - Palari, District Balodabazar-Bhatapara Chhattisgarh 2 - Shubham Sandil S/o Shri Chhatrapal Sandil Aged About 2 Years Minor Through His Legal Guardian Mother Smt. Chandra Kali Sandil W/o Chhatrapal Sandil, R/o Ward No. 10/849, L.I.M. Chauk, Pachpedi, Bilaspur, District - Bilaspur Chhattisgarh At Present R/o Village - Chherakapur, Tahsil - Palari, District Balodabazar-Bhatapara Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Paras Mani Shriwas, Advocate For Respondent(s) : Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 07/02/2025 1. The present Criminal Revision is filed by the applicant under Section 19(4) of the Family Court Act, 1984 against the order dated 16.12.2024 passed by Family Court Balodabazar, District- 2 Balodabazar-Bhatapara (C.G.) in MJC No. 183/2022 whereby an application under Section 125 of Cr.P.C. filed by the respondent before the learned Court below for grant of maintenance has been partly allowed. 2. Brief facts of the case is that respondent no. 1 is married wife of the petitioner, their marriage was solemnized in the year 25.04.2018 as per Hindu Rites and Customs and after solemnizing the marriage ceremony, the applicant no. 1 has gone to petitioner’s house and started to enjoy their married life, thereafter, respondent no. 2 was born out of their wedlock. After spending few years peacefully of their married life, respondent no. 1 has started to quarrel with the petitioner at her working place, meanwhile she left him at rental house and started to living at her parental house at Village-Chherkapur, Police Station and Tahsil- Palari, District- Balodabazar-Bhatapara (C.G.) along with her minor child. 3. Learned counsel for the applicant contended that the impugned order passed by the learned Family Court is bad, illegal, and also against the eye of law. He further contended that respondent no. 1 has left the petitioner at their living place and started to live separately without any proper reason. 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 respondent no. 1 is legally wedded wife of the applicant. The learned Family Court 3 has observed that both the applicant and non-applicant no. 1 is earning Rs. 10,000/- per month. The Family Court has awarded Rs. 2500/- per month maintenance to respondent no. 2(minor son) till he attains the majority. 6. The applicant/husband cannot be absolved from his liability and responsibility to maintain his minor son till he attains the age of majority. Whatever be the dispute between the husband and the wife, a child should not be made to suffer. Since the wife is unable to maintain herself and her son, therefore, a reasonable/sufficient amount is required for the maintenance of her son including his education, etc. which shall have to be paid by the husband. 7. Therefore, this Court does not find any illegality or perversity in the order dated 16.12.2024 passed by the Judge, Family Court, Balodabazar-Bhatapara in MJC No. 183/2022. 8. Accordingly, the present Criminal Revision is dismissed on merits. Sd/- (Arvind Kumar Verma) JUDGE Madhurima