1 2025:CGHC:42395 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1036 of 2025 Horilal Sahu S/o Yadram Sahu Aged About 26 Years R/o Village Kesla, Post - Arjuni, Tahsil Dongargaon, District Rajnandgaon Chhattisgarh ... Applicant versus Smt. Hemkumari W/o Horilal Aged About 22 Years R/o Village Padumtara, Tahsil And District Rajnandgaon Chhattisgarh ... Respondent For Applicant : Mr. Abhishek Sharma, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.08.2025 1. Heard Mr. Abhishek Sharma, learned counsel, appearing for the applicant. 2. The present revision has been filed by the applicant with the following prayer: “It is therefore, prayed that this Hon’ble Court kindly be pleased to call the record and allow this revision and set-aside the impugned order dated 29.05.2025 passed in Misc. Criminal Case No. 16/2023 by the learned Family Court, Rajnandgaon (C.G.), in the interest of justice.” ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.22 11:06:10 +0530 2 3. Brief facts of the case are that on 10.01.2023, the respondent filed an application for grant of maintenance of Rs. 20,000/- from the applicant, stating that the applicant and respondent were married on 14.05.2021 as per Hindu rites and rituals. Soon after the marriage, everything was cordial, but after 15 days the applicant/husband and his family members started subjecting the respondent to cruelty for not bringing sufficient dowry. The applicant, after consuming liquor, also started assaulting the respondent. The respondent informed her parents about the incidents of cruelty, but her parents always tried to settle the matter and advised her that everything would improve in due course. Further, on 13.11.2021, the applicant/husband lodged a false report against the respondent before the Mahila Thana, Rajnandgaon. During the mediation proceedings, the matter was compromised and the respondent returned to her matrimonial house on 06.12.2021. However, there was no change in the behaviour of the applicant and his family members. Looking to the continuous conduct of cruelty, the respondent was compelled to lodge an FIR on 04.01.2022, on the basis of which offences under Section 498-A IPC were registered against the applicant. The respondent further pleaded that under the above circumstances, she was forced to live separately and, therefore, prayed for maintenance of Rs. 20,000/- per month. 4. In reply to the application under Section 125 Cr.P.C., the applicant/husband specifically denied the allegations made by the respondent. The applicant/husband pleaded that after 15 days of marriage, the respondent/wife herself stated that she had performed the marriage under undue pressure from her parents, as she actually wished to marry another person. The applicant further pleaded that on 08.08.2021, the parents of the respondent came to his house and took her away to their residence. She returned on 24.09.2021, but again, on 3 05.10.2021, she left the matrimonial house without informing the applicant/husband. The applicant/husband also intimated the Mahila Thana, Rajnandgaon, regarding her conduct. He further submitted that neither he nor his family members committed any cruelty, and that the respondent/wife left the matrimonial house without sufficient cause. He also pleaded that the respondent/wife is employed as a Nurse and is earning Rs. 8,000/- per month. 5. Learned Family Court, after appreciating the evidence available on record, failed to consider that the applicant/husband is working as a Supervisor earning only Rs. 6,000/- per month, while the respondent/wife is employed as a Nurse earning Rs. 8,000/- per month. The learned Family Court also failed to appreciate that the respondent is living separately without any sufficient reason. Despite these facts, the learned Family Court directed the applicant/husband to pay maintenance of Rs. 3,000/- per month from the date of the application, which is on the higher side. 6. Learned counsel for the applicant submits that the learned Family Court committed illegality by not properly relying upon and appreciating the exhibited documents, namely Exhibit D/1 – the complaint made by the applicant herein to Police Station Dongargaon dated 11.10.2021, Exhibit D/2 – minutes of the social meeting conducted on 04.01.2022, and other documents filed by the applicant showing that the respondent is working as a Nurse. He also submits that learned Family Court failed to appreciate that the respondent herein is living separately without any sufficient cause. Learned Family Court failed to appreciate that the applicant herein made efforts to resolve the dispute, and as per Exhibit D/2, a social meeting was organized wherein the respondent and her parents were also present. However, the respondent refused to abide by 4 any decision or instructions issued by the community members. He further submits that learned Family Court failed to appreciate that the applicant herein has a limited source of income, earning only Rs. 6,000/- per month, and that in this limited income, he has to maintain his aged parents along with other social and moral responsibilities. Hence, the award of maintenance is liable to be modified. 7. I have heard learned counsel for the applicant and perused the judgment of the learned Family Court. 8. Considering the submission advanced by the learned counsel for the applicant, materials available on record and also considering the price index and medical expenses, total amount awarded to the respondent cannot be said to be shockingly on higher side warranting interference by this Court in the present revision petition. 9. Accordingly, the criminal revision being devoid of merit is liable to be and is hereby dismissed. - Sd/- (Ramesh Sinha) Chief Justice Abhishek