Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:34630
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 158 of 2022 Smt. Sonu Rajwade Wife Of Shri Ram Kumar Rajwade Aged About 27 Years Caste Rajwar, Resident Of Village Sakhauli, Post Sakhauli, P.S. And Tahsil Darima, District Sarguja Chhattisgarh.
... Applicant versus Ramkumar Rajwade Son Of Ramsadh, Aged About 28 Years Caste Rajwar, Resident Of Ganeshpur, P.S. And Tahsil Lakhanpur, District Sarguja Chhattisgarh.
---- Respondents For Applicant : Mr. Dashrath Kushwaha, Advocate. For Respondent : Mr. Amit Singh Chauhan, Advocate. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 21.07.2025
1. Heard Mr. Dashrath Kushwaha, learned counsel appearing for the applicant. Also heard Mr. Amit Singh Chauhan, learned counsel for the private respondent.
2. This Criminal Revision is being aggrieved of the order dated 03.01.2022 passed by the learned Family Court, Ambikapur, District – Sarguja (C.G.) in Misc. Criminal Case No. 75/2021, whereby the learned Family Court, rejected the application under Section 125 of the CrPC filed by the applicant for grant of maintenance.
3. The prosecution story in brief is that the applicant had filed an application for seeking a maintenance amount of Rs. 7,000/- per month against RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 respondent that, it is admitted fact that the applicant and respondent had solemnized marriage according to Hindu Rites and Rituals custom on 21.06.2018 at village Sakhauli, P.S. and Tahsil Darima, District Sarguja Chhattisgarh. The application in brief is that the applicant and respondent were peacefully residing together and just after one years of the marriage, the respondent was harassed and tortured with the applicant by physically and mental cruelty without any reason, and he has also demanded tractor and computer in the name of dowry from the applicant and the respondent has left applicant from her matrimonial house and thereafter she is residing at her parental house.
4. The respondent herein has filed the reply to the said application and has denied the averments raised by the applicant. The learned Family Court has recorded the statement of the parties. The witnesses were examined before the learned Family Court including the applicant and the respondent. The learned Family Court by passing the impugned order, has rejected the application under Section 125 of the CrPC filed by the applicant for grant of maintenance. Hence, this revision.
5.
Learned counsel appearing for the applicant submits that the impugned
order is contrary to the facts, law and circumstances of this case. It is further submitted that the respondent has solemnized second marriage with another woman and he has illegal kept another woman in his house as second wife, in this regard, the applicant has made complaint to the concerned Police Station against the respondent. Therefore, the impugned order is contrary to the facts, and the same is liable to be modified.
6. On the other hand, learned counsel for the respondent opposes the
submissions advanced by the learned counsel for the applicant and supports the impugned order dated 03.01.2022 passed by the learned
3 Family Court, Ambikapur, District – Sarguja (C.G.) in Misc. Criminal Case No. 75/2021, whereby the learned Family Court, rejected the application under Section 125 of the CrPC filed by the applicant for grant of maintenance, and he further submits that there is no illegality and infirmity while passing the same, therefore, the instant revision filed by the applicant/complainant is devoid of merits and is liable to be dismissed.
7. I have heard learned counsel for the parties, perused the pleadings and documents appended thereto.
8. Considering the submissions advanced by the learned counsel for the parties, and from the perusal of the order of the Family Court, it transpires that no any good ground has been raised on merits by the applicants’ side, thus, it transpires that after hearing all the statements of the witnesses and perusing the evidence available on record, the learned Family Court has passed the impugned order, and there is no any illegality and infirmity while passing the same which requires interference by this Court.
9. Accordingly, the criminal revision being devoid of merit is liable to be and is hereby dismissed.
10. Let a certified copy of this order as well as original records be transmitted to the concerned trial Court within a week for necessary compliance and follow up action, if any. Sd/-
(Ramesh Sinha)
Chief Justice Rajshekhar