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2025 DAILYLAW 8078 (CHH)

KULESHWAR SAHU v. SMT. VAISHALI SAHU

CRR/196/2025 · 2025-02-10

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:7376 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 196 of 2025 1 - Kuleshwar Sahu S/o Raghuveer Sahu Aged About 28 Years R/o Village Sanoud, Tehsil Gurur, District Balod, Chhattisgarh. ... Applicant(s) versus 1 - Smt. Vaishali Sahu W/o Shri Kuleshwar Sahu Aged About 27 Years R/o Village Saja Tehsil Gunderdehi And District Balod, Chhattisgarh. 2 - Kumari Jiya D/o Shri Kuleshwar Sahu Aged About 11 Months (Minor Through Her Guardian, Mother, Smt. Vaishali Sahu, W/o Shri Kuleshwar Sahu) R/o Village Saja Tehsil Gunderdehi And District Balod, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Prasoon Agrawal, Advocate For Respondent(s) : Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 10/02/2025 1. The present Criminal Revision is filed by the applicant under Section 19(4) of the Family Court Act, 1984 against the order dated 13.11.2024 passed by the Learned Judge, Family Court, Balod (C.G.) in Cr. Case No. 154/2023. 2 2. Brief facts of the case is that the applicant and the respondent no. 1 got married on 14.05.2021, thereafter, they were living together and enjoying the married life and then respondent no. 2 was born out of their wedlock. The respondents have filed an application under Section 125 of Cr.P.C. along with interim application for granting the maintenance amount for maintaining herself and her child. 3. Learned counsel for the applicant contended that the impugned order passed by the learned Family Court is bad, illegal perverse and contrary to law and not applicable to the facts and circumstances fo the case. The learned Family Court has allowed the application of the maintenance amount of the respondent against the applicant and awarded the amount of Rs. 7000/- which is not justified and reasonable. The respondent made so many false allegation against the applicant regarding the cruelty and harassed the applicant and his family members. 4. I have heard learned counsel for the applicant and perused the record with utmost circumspection. 5. From perusal of record, it is crystal clear that the respondent no. 1 is legally wedded wife of the applicant and respondent no. 2 is the minor daughter of the applicant who is aged about 11 months, who are unable to maintain themselves. 6. The applicant/husband cannot be absolved from his liability and responsibility to maintain his wife and daughter till she attains the age of majority or till she remains unmarried or unemployed. 3 Whatever be the dispute between the husband and the wife, a child should not be made to suffer. Since the wife is unable to maintain herself and her daughter, therefore, a reasonable/sufficient amount is required for the maintenance of her daughter which shall have to be paid by the husband, irrespective of the decree of dissolution of marriage. The amount of Rs. 5000/- as maintenance to wife and Rs. 2000/- as maintenance to daughter is a very meager amount. 7. Therefore, this Court does not find any illegality or perversity or jurisdictional error in the order dated 13.11.2024 passed by the Judge, Family Court, Balod, (C.G.) in Misc. Cr. Case No. 154/2023. 8. Accordingly, the present Criminal Revision is dismissed on merits. SD/- (Arvind Kumar Verma) JUDGE Madhurima