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2025 DAILYLAW 6149 (CHH)

DEVASHISH SAHU v. VARSHA SAHU

CRR/152/2025 · 2025-02-04

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:6266 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 152 of 2025 1 - Devashish Sahu S/o Vichitra Kumar Sahu Aged About 34 Years R/o Maruti Heights, 302a, Mohaba Bazar, Amanaka, Near Sky Authomobile, Raipur (C.G.). ... Applicant versus 1 - Varsha Sahu W/o Devashish Sahu Aged About 28 Years R/o Parihar Sadan, Near Durga Mandir, Ganesh Nagar, Raipura, Mahadev Ghat, Raipur (C.G.). 2 - Navya Sahu D/o Devashish Sahu Aged About 4 Years R/o Parihar Sadan, Near Durga Mandir, Ganesh Nagar, Raipura, Mahadev Ghat, Raipur (C.G.). ... Respondent(s) For Applicant : Ms. Pranoti Das, Advocate For Respondent(s) : Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 04/02/2025 1. The present Criminal Revision is filed by the applicant under Section 19(4) of the Family Courts Act, 1984 read with Section 438 and 442 of BNSS, 2023 against the order dated 25.10.2024 passed in MCC No. 1120/2019 by the learned First Additional 2 Principal Judge, Family Court, Raipur (C.G.) whereby learned Principal Judge, Family Court has granted maintenance of Rs. 7000/- to respondent no. 1 (wife) and Rs. 3000/- to respondent no. 2 (minor daughter). 2. Brief facts of the case is that the marriage was solemnized between the parties on 14.02.2013 by Hindu Rituals at Arya Samaj Mandir in Raipur (C.G.). thereafter, the marriage was solemnized between the parties on 06.03.2013 by Hindu Rituals at Gayatri Trust, Haridwar. On 11.02.2016 a daughter named Navya Sahu was born and is currently living respondent no. 1. On 28.11.2019, the respondent no. 1 filed an application under Section 125 of Cr.P.C. seeking Rs. 70,000/- per month as maintenance. 3. Learned Counsel for the applicant contended that respondent no. 1 does not have sufficient reason to live separately from the husband. The learned Principal Judge, Family Court in its order dated 25.10.2024 has noted that wife did not file a police complaint from 2014 to July 2018 while she was staying with the applicant. He further contended that respondent no. is an MSC graduate and she is working as a full time teacher in Vastalya English Medium School and earning Rs. 15,000/- per month. 4. I have heard learned counsel for the applicant and perused the record with utmost circumspection. 5. Perusal of record shows that the marriage was solemnized between the parties on 14.02.2013 by Hindu Rituals at Arya Samaj Mandir in Raipur (C.G.). thereafter, the marriage was solemnized between the parties on 06.03.2013 by Hindu Rituals at Gayatri Trust, Haridwar. On 11.02.2016 a daughter named Navya Sahu was born and is currently living with respondent no. 1. On 28.11.2019, the respondent no. 1 filed an application under Section 125 of Cr.P.C. seeking Rs. 70,000/- per month as maintenance. 6. Para 17 of the order dated 25.10.2024 passed by First Additional 3 Principal Judge, Family Court, Raipur reveals that the applicant has admitted that in March, 2023 he was working in Yes Bank and in October, 2021 his income was Rs. 36,955/- per month. 7. It is crystal clear that respondent no. 1 is legally wedded wife of applicant and respondent no. 2 is a minor daughter aged about 3 and 1/2 years of the applicant. The learned First Additional Principal Judge, Family Court, Raipur (C.G.) has awarded maintenance of Rs. 7000/- in favour of respondent no. 1(wife) and Rs.3000/- in favour of respondent no. 2 (minor daughter). 8. Since the applicant is working in Yes Bank in October, 2021 and is earning Rs. 36,955/- per month, therefore he has sufficient means to maintain his wife and daughter who are unable to maintain themselves. 9. This Court is of the considered opinion that the amount awarded by the Judge, First Additional Principal Judge, Family Court Raipur (C.G.) is very meagre and needs no interference. 10. Accordingly, the present Criminal Revision is hereby dismissed on merits. Sd/- (Arvind Kumar Verma) JUDGE Madhurima