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2025 DAILYLAW 7536 (CHH)

SMT. SHRADHA MISHRA v. SANJAY MISHRA

CRR/160/2025 · 2025-02-05

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:6676 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 160 of 2025 1 - Smt. Shradha Mishra D/o Shri Pramod Kumar Mishra, W/o Sanjay Mishra Aged About 35 Years Occupation - Housewife, R/o House No. 46, Second Floor, Suddugunte Palya, C.V. Raman Nagar, Bayrappa Layout, Bengaluru, Karnataka Present Address - Uslapur, Police Station And Tahsil - Bilaspur, District Bilaspur Chhattisgarh Mobile No. 99818-67455, E- Mail- Shradhamishra716@Gamil.Com 2 - Athrav Kumar Mishra S/o Sanjay Mishra Aged About 4 Years Occupation - Student, Minor Through His Mother And Guardian Namely Smt. Shraddha Mishra, The Applicant No. 1, R/o House No. 46, Second Floor, Suddugunte Palya, C.V. Raman Nagar, Bayrappa Layout, Bengaluru, Karnataka Present Address - Uslapur, Police Station And Tahsil - Bilaspur, District Bilaspur Chhattisgarh Mobile No. 99818-67455, E-Mail- Shradhamishra716@Gamil.Com ... Applicant(s) versus 1 - Sanjay Mishra S/o Shri Ram Mani Mishra Aged About 38 Years Occupation - Employee (Supplier Delivery Performance Manager, Alstom), R/o House No. 9/86, Shri Kunj, Harihar Nagar, Majiyar Road, Bodabaga, Bodanala, Rewa, District Rewa Madhya Pradesh Present Address House No. 46, 2nd Floor, Suddugunte Palya J.V. Raman Nagar Bayrappa Layout Bengaluru Karnataka Mo. 98935-94551, E-Mail - Shiv_sanjay51@Yahoo.Com, Sanjay.K.Mishra@Alstomgroup.Com ... Respondent(s) For Applicant(s) : Mr. Divyanand Patel, Advocate 2 For Respondent(s) : Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 05/02/2025 1. The present Criminal Revision is filed by the applicants under Section 19(4) of the Family Courts Act, 1984 against the order dated 12.12.2024 passed in MJC No. 392/2023 passed by First Additional Principal Judge, Family Court, Bilaspur, District- Bilaspur, C.G. whereby the learned Family Court has granted an order of interim maintenance to the tune of Rs. 5,000/- per month to the applicants. 2. Brief facts of the case is that the marriage of the applicant No. 1 with the non-applicant was solemnized on 23-02-2018 in Harihar Nagar Rewa (M.P.) as per Hindu law and caste customs. From their marital relationship, a son Adharv Mishra was born on 23.02.2023. After marriage, the relationship between the applicant and the non-applicant remained good for some time. Thereafter, the non-applicant and his parents started torturing the applicant physically and mentally and the non-applicant completely abandoned the applicants, due to which the applicants was Compelled to lead an inferior and miserable life, she is living at her maternal home. The applicant no. 1 have no livelihood, no source of income, she is educated unemployed, at present is dependent on her parents income and have no source of income, whereas the annual income of the non-applicant is around Rs. 21,00,000/- but the non-applicant has been completely neglecting the applicants for the past several years. Hence, resolution of the matter is likely to take time,therefore the applicant should be given interim maintenance amount of Rs. 60,000/- from the non- applicant for the maintenance and education of the child. Alongwith the application, the applicants have also filed an 3 application for grant of interim maintenance. 3. Learned Counsel for the applicant contended that the learned Court below has erred in law by awarding a sum of only Rs. 5000/- per month to the applicants herein as interim maintenance amount. He further prays to issue a direction to the trial court to decide the matter afresh. 4. I have heard learned counsel for the applicant and perused the record with utmost circumspection. 5. In the case of Rajnesh Vs. Neha 2021 AIR 569 SC, the Hon’ble Supreme Court has considered in detail with regard to amount of interim maintenance what should be the reasonable amount. Similar view has also been taken by the Co-ordinate Bench of this Court in the case of Rashmi Tiwari Vs. Sanjeev Tiwari 2019 Lawsuit (Chh) 977. In the instant case, as per the reply of respondent/husband, he is working as a Librarian in Navodaya Vidyalaya, Kondagaon and his basic salary is Rs. 83,600/-, whereas the petitioner/wife is house wife and has no source of income to maintain her livelihood. 6. Considering the aforesaid facts, it is apparent that the impugned interim maintenance as well as other expenses granted by the learned Family Court is very meagre, therefore, this petition is disposed of and the impugned order dated 12.12.2024 is quashed. The learned Family Court is directed to reconsider the application filed by the petitioner/wife under Section 125 of the Hindu Marriage Act, 1955, in respect of grant of interim maintenance. 7. In view of the aforesaid observation and direction, the petition stands disposed of. sd/- (Arvind Kumar Verma) JUDGE Madhurima