1 2025:CGHC:6144 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 130 of 2025 1 - Omprakash Pathari S/o Late Shri Chowaram Pathari Aged About 55 Years R/o Village - Chhapora, Ghatolna Para, P.O. Mandhar, Chhapora, Police Station - Dharsiwa, Raipur, District Raipur Chhattisgarh ... Applicant (s) versus 1 - Smt. Lata Pathari W/o Shri Omprakash Pathari Aged About 47 Years House No.-581, Shivaji Nagar, Daldalsivni, Raipur, Tahsil And District Raipur Chhattisgarh ... Non-applicant (s) For Applicant (s) : Shri Santosh Bharat, Advocate. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 03/02/2025 1. The present petition has been preferred against the order dated 14/10/2024 passed by the learned Principal Judge, Family Court, Raipur, District - Raipur (C.G.) in Misc. Cri. Case No. 529/2024, whereby the interim application for grant of maintenance filed by the non-applicant along with the application under Section 125 of Code of Criminal Procedure has been allowed and directed the applicant to pay NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.03.03 10:54:16 +0530 2 interim maintenance of Rs. 7,000/- per month. 2. The non-applicant filed an application under Section 125 of Cr.P.C. before the learned Family Court for grant of maintenance, stating that the marriage of the non-applicant was solemnized with the applicant under the Hindu rites and rituals. After the marriage, she started to live in her matrimonial house with applicant. When she became pregnant then the behavior of the applicant was changed and he started to consume liquor. He made illicit relationship with another woman. When the non-applicant came to know about the illicit relationship of the applicant, then there was a lot of chaos at home but the applicant's parent hide the matter due to which the applicant's courage increased and cruelty against the non-applicant increased more and more. 3. On 05/03/1993 the applicant came in drunken condition and badly assaulted the non-applicant with his belt and kicked out her from his house. The non-applicant has been residing in her maternal house with her daughter. The non-applicant further submitted that the applicant earns Rs. 53,600/- per month from the agriculture and as contractor. Due to the ill treatment and cruelty she is presently living separately from the applicant and because of this, she filed the application for grant of maintenance under Section 125 of CrPC and also interim application for grant of maintenance. The applicant is not giving any maintenance to non-applicant towards her maintenance, whereas the applicant is having sufficient source of income, though the non- applicant has no source of income, therefore the non-applicant filed an application for grant of maintenance. 4. Learned counsel for the applicant contended that the order impugned 3 dated 14/10/20024 (Annexure-A/1) is bad, illegal and procedure suffering from illegality and perversity and hence it is liable to be set- aside. He further contended that the applicant is working as a labourer and earns only Rs.8000/- per month. He also contended that he has other expenses, which are unavoidable in nature and he also has to maintain himself out of his own income, because of this the amount of Rs.7,000/- per month interim maintenance, which is granted by the learned Family Court is too high. Hence, it is prayed that the revision may be allowed. 5. I have heard learned counsel for the applicant and perused the impugned order available on record with utmost circumspection. 6. From perusal of the order under challenge, it is evident that the applicant and non-applicant were married according to their customs and due to the harassment by the applicant, respondent had to reside separately. Thereafter, she is facing great hardships and is unable to maintain herself. The non-applicant has been living separately from the applicant after they were deserted and the applicant has agricultural land and has sufficient means and he neglect to maintain his wife, who unable to maintain herself, hence the learned Family Court has rightly determined the amount of maintenance to the tune of Rs. 7,000/- per month to the non-applicant, therefore, in the opinion of this Court that there is no illegality and infirmity in the impugned order dated 14.10.2024 (Annexure A-1) passed by the Family Court, Raipur (C.G.). 7. Accordingly, the present criminal revision being devoid of merits is liable to be and is hereby dismissed and stands disposed of. Sd/-Sd/- Sd/- (Arvind Kumar Verma) JUDGE