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2025 DAILYLAW 8066 (CHH)

MIRZA ZEESHAN BEG v. SMT. ZEENAT PARVEEN

CRR/289/2025 · 2025-03-05

Shri Arvind Kumar Verma

body2025

Judgment text

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1 / 4 2025:CGHC:10707 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 289 of 2025 1 - Mirza Zeeshan Beg Son of Late Mirza Sarwar Beg, Aged About 31 Years Resident Of Shop No. 336, Bhilai Garage, Zonal Market Sector - 10, Bhilai, P.S. Risali District Durg Chhattisgarh. ... Applicant versus 1 - Smt. Zeenat Parveen Wife Mirza Zeeshan Beg, Aged About 30 Years 2 - Minor Rayna Khan, Daughter Of Mirza Zeeshan Beg, Aged About 1 month Through Legal Natural Guardian Mother Smt. Zeenat Parveen Bhilai, P.S. Risali District Durg Chhattisgarh At Present Resident Of House Of Gulab Hussain Khan, Krishna Nagar Korba, Police Chowki Manikpur, P.S. Kotwali Korba, District Korba Chhattisgarh. ... Respondents For Applicant : Mr. Sadir Ali, Advocate For Respondents : Mr. Shubham Dev Mallick, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 05/03/2025 1. The instant criminal revision has been filed by the present applicant feeling aggrieved by the impugned interim maintenance order dated ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.11 16:44:52 +0530 2 / 4 05.12.2024 passed by the learned Family Court Korba, District Korba Chhattisgarh in Case No. 87/2023 whereby the learned Family court has granted maintenance amount of Rs. 10,000/- (Rs. 7000/- for respondent no. 1 and Rs. 3000/- for respondent no. 2) per month. 2. The brief facts of the case are that the respondents have filed an application under section 125 of Cr.P.C. for grant of maintenance amount against the applicant alleging therein that on 10.10.2021 the applicant had solemnized marriage along with applicant no. 1/respondent no. 1 according to Muslim Custom since then the respondent no. 1 was living with applicant as wife at her matrimonial house and out of their wedlock, the respondent no. 2 was born. It was further alleged that after some time of marriage, the applicant and his family members started harassing and torturing for demand of dowry and has also committed marpeet with the respondent no. 1 by using filthy language and hence the respondent no. 1 left at her matrimonial house and started residing with her daughter respondent no. 2 at her parental house. It was further pleaded that respondent no. 1 has no any source of income and applicant is working as teacher in the private college and getting salary to the tune of Rs. 33,345/- per month. 3. The applicant filed reply to the aforesaid application and denied all the averments pleaded in the application and executed affidavit and it is stated that the respondent no. 1 without any reasons has left the matrimonial house. 3 / 4 4. The learned Family court passed the order dated 05.12.2024 whereby granted interim maintenance to the respondents and directed the applicant to pay the maintenance amount of Rs. 10,000/- (Rs. 7000/- for respondent no. 1 and Rs. 3000/- for respondent no. 2) per month. Hence this revision. 5. Learned counsel for the applicant would contend that the impugned interim maintenance order passed by learned the family court below is completely illegal, erroneous, arbitrary, and contrary to the evidence and documents submitted by the applicant. He would next contend that respondent no. 1 is living at her parental house and she has suppressed that her father is employee of SECL and gets Rs.1.00 Lakhs salary per month and also sister of the respondent no. 1 is working in private job at Hyderabad and hence the respondent no. 1 can manage herself from income of her father. He would next contend that the parents of respondent no. 1 are in a good position and hence the respondent no. 1 always pressured upon the applicant to live at her parental house and when the applicant has refused to live at her parental house, then the respondent no. 1 has left her matrimonial house and started living at her parental house on her own will without any sufficient reason. He would lastly contend that the impugned order granting interim maintenance is bad, therefore, deserves to be set aside. 6. Per contra, learned counsel for the respondents opposes the submissions made by learned counsel for the applicant and submits that the order of 4 / 4 the Family Court grating interim maintenance is well merited which do not call for any interference. 7. I have heard learned counsel for the parties and perused the documents and order of the family Court. 8. Perusal of the documents would show that the Respondent No.1/wife has given resignation from the post of Assistant Professor and presently she is not earning. It has been stated that the applicant is getting salary to the tune of Rs.33,345/- per month and is also running a coaching institute named & styled as Jeevant Institute Commerce from where also he is earning a handsome amount. 9. Considering the entire facts & circumstances of the case, this Court is of the considered opinion that the amount of maintenance so granted by the family Court i.e. Rs.7000 to the Respondent No.1 & Rs.3000/- to Respondent No.2 is just and proper looking to the the price index which is prevailing in the society and hike in value of the commodities and also the fact that the applicant No.1 is not earning any amount as such she is not able to maintain herself and her child. 10. Therefore, this Court is not inclined to interfere with the order of interim maintenance and the instant revision is dismissed. SD/- (Arvind Kumar Verma) JUDGE ashu