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2025 DAILYLAW 54175 (CHH)

SMT. VANDANA MASIH v. SAMUEL MASIH

CRR/188/2025 · 2025-02-06

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:7026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 188 of 2025 1 - Smt. Vandana Masih W/o Samuel Masih, Aged About 29 Years R/o Village Majgaon Para, Tilak Ward, Mungeli, P.S. - Mungeli, Tahsil And District - Mungeli (C.G.). 2 - Arpit @ Simon Masih S/o Samuel Masih, Aged About 10 Years Minor, Represented Through Mother-Smt. Vandana Masih. ---- R/o Village Majgaon Para, Tilak Ward, Mungeli, P.S. - Mungeli, Tahsil And District - Mungeli (C.G.). ... Applicant(s) versus 1 - Samuel Masih S/o Late Suku Masilh Aged About 36 Years R/o Village - Piparkhunti, Police Station - Pandatarai, District - Kabirdham (C.G.). ... Respondent(s) For Applicant(s) : Mr. Rohan Patnaik on behalf of Mr. Resham Lal Jaiswal, 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 2 Section 19(4) of the Family Courts Act read with Section 438 read with Section 442 of BNSS, 2023 against the order dated 08.01.2025 in Misc. Criminal Case No. 114/2024 by the learned Family Court, Mungeli, District- Mungeli (C.G.). 2. Brief facts of the case is that the applicant no. 1 is legally wedded wife of non-applicant and their marriage was performed on 19.06.2012 according to their own customs. On 13.04.2013 the applicant no. 2 was born from their wedlock. The non-applicant has ousted the applicants from his house, therefore they are living separately. The applicants had filed an application under Section 125 of Cr.P.C. before the learned JMFC, Mungeli for grant of maintenance and vide order dated 24.08.2017 the learned JMFC, Mungeli has allowed maintenance to tune of Rs. 1000/- to applicant no. 1 and Rs. 1000/- to applicant no. 2. 3. Learned counsel for the applicants contended that the amount of maintenance awarded by the Family court is very meager and needs to be enhanced as the inflation rate at the present time is very high. However, learned family court has ordered only Rs. 2,000/- maintenance for respondent no. 2 under Section 127 of the Cr.P.C. by order dated 08.01.2025. 4. I have heard learned counsel for the applicants and perused the record with utmost circumspection. 5. From perusal of record it transpires that the learned Judge, Family Court, Mungeli, District- Mungeli (C.G.) vide its order dated 08.01.2025 has awarded Rs. 2000/- per month maintenance to 3 applicant no. 2. He was studying in private english medium school. Therefore, considering facts of the case and looking to the the price index which is prevailing in the society and hike in value of the commodities and nature of job of the respondent, it is directed that the respondent shall pay maintenance of Rs. 3,000/- per month to applicant no. 2 (Arpit @ Simon Masih) instead of Rs.2,000/-. 6. Accordingly, the present Criminal Revision is partly allowed. Sd/- (Arvind Kumar Verma) JUDGE Madhurima