1 2025:CGHC:31326 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 254 of 2020 Smt. Anusuiya Patel Wife Of Ashwant Patel (Daughter Of Mahadeva Prasad Patel) Aged About 25 Years Caste - Patel, Resident Of Village - Charpara, Police Station- Sakti, District - Janjgir Champa Chhattisgarh. ... Applicant(s) versus Ashwant Kumar Patel Son Of Harprasad Patel Aged About 29 Years Caste - Patel, Resident Of Village - Pakariya (Jhulan), Police Station - Mulmula, District - Janjgir Champa Chhattisgarh. (Occupation- Computer Operator), District : Janjgir-Champa, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Vivek Kumar Shrivastava, Advocate. For Respondent(s) : Mr. Ravindra Sharma, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 08 /07/2025 1. The applicant has filed this criminal revision against the order dated 12.12.2019 passed by learned Judge, Circuit Family Court, Sakti, District – Janjgir-Champa (C.G.) in Misc. Criminal Case AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 No.17/2019, whereby the learned Family Court has rejected the application under Section 125 CrPC filed by the applicant. 2. Brief facts necessary for disposal of this revision are that the applicant has filed an application under Section 125 of the Code of Criminal Procedure, alleging that her marriage with the respondent took place on 18.02.2018, in accordance with the customs and rituals of their community in Village Charpara, Tehsil Sakti, District Janjgir-Champa, Chhattisgarh. After the marriage, the respondent and his mother started demanding additional dowry, including a motorcycle, washing machine, and gold and silver ornaments, and subjected the applicant to harassment. When the applicant became pregnant, she was forced to undergo an abortion by being administered medication. On 01.11.2018, the applicant was beaten, her ornaments were snatched, and she was thrown out of the house. The applicant subsequently lodged complaints with the Family Counseling Center, Police Station Mulmula, and the Superintendent of Police, Janjgir-Champa. The applicant has no source of income and is struggling to survive. In contrast, the respondent works as a Computer Operator in Shiv- Shakti Shikshan B.Ed. College, Khorsi, and earns a monthly income of Rs.15,000/-. His mother is a teacher and also earns income from agricultural land. Therefore, the applicant has prayed for a maintenance allowance of Rs.7,000/- per month from the respondent. The respondent filed his reply denying the allegations as alleged by the applicant. The Family Court after considering all 3 the documents and evidence adduced by the parties dismissed the application under Section 125 of CrPC filed by the applicant. Hence, the criminal revision. 3. Learned counsel for the applicant submits that the Family Court failed to appreciate that applicant is legally wedded wife of the respondent, which entitles her to maintenance from the respondent. He further submits that the Family Court further erred in holding that the applicant is living separately without any reasonable cause and she is a well educated lady, therefore she is not entitled to get maintenance. He also submits that the applicant has no source of income, whereas, the respondent is working as Computer Operator at Shiv-Shakti Shikshan B.Ed. College, Khorsi and getting salary of Rs.15,000/- per month, which makes him capable to give maintenance to applicant, therefore, the order impugned passed by the Family Court is bad in the eye of law and the same is liable to be set-aside. 4. On the other hand, learned counsel for the respondent opposes the submissions made by the learned counsel for the applicant and submits that the Family Court after considering all the documents and evidence adduced by the parties has passed the order, in which no interference is called for. 5. I have heard learned counsel for the parties, perused the impugned order and other documents appended with criminal revision. 4 6. From perusal of the impugned order, it transpires that the Family Court has dismissed the application under Section 125 of Cr.P.C. filed by the applicant observing that the respondent has submitted Articles A, B, and C, which clearly indicate that the applicant is a healthy and educated young woman, holding degrees in B.Sc and M.A., and is capable of earning her own income. However, it is not reasonably proven by sufficient evidence that the applicant is living separately from the respondent due to being harassed for dowry and being thrown out of the house on 01.11.2018. Additionally, it is not evident from the records that the applicant is unable to earn for living and support herself. 7. Under Section 125 of the Code of Criminal Procedure, there is a clear provision that if a person with sufficient means neglects or refuses to maintain his wife, who is unable to maintain herself by earning income, the Court may order for maintenance to be paid. 8. In the present case, there is no categorical finding of the Family Court that the wife is gainfully employed or has a sustainable income. The mere fact that she is educated does not absolve the husband from his legal and moral obligation to maintain his wife, especially when the evidence suggests neglect on his part. 9. Considering the aforesaid facts and circumstances of the case, the instant criminal revision is allowed. The impugned order dated 12.12.2019 passed by the learned Circuit Family Court, Sakti, District Janjgir-Champa in Misc. Criminal Case No.17/2019, is hereby quashed and set aside. The matter is 5 remanded back to the learned Family Court concerned for fresh consideration of the application under Section 125 Cr.P.C., in accordance with law, after providing due opportunity of hearing to both the parties. Both the parties are directed to appear before the Family Court concerned on 28th of July, 2025. 10. Registrar (Judicial) is directed to transmit the original record as well as the certified copy of this order to the concerned Family Court within a week from today for necessary information and follow up action. Sd/- (Ramesh Sinha) Chief Justice Akhil