1 2025:CGHC:9201 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 236 of 2025 1 - Smt. Saroj Kamlesh W/o Suresh Kumar Kamlesh Aged About 34 Years R/o Village Thargabahara (Baloda), P.S. And Tahsil Baloda, District Janjgir - Champa (C.G.) At Present R/o Uchhditthi P.S. And Tahsil Champa District - Janjgir-Champa (C.G.). 2 - Ku. Sandhya D/o Suresh Kumar Kamlesh Aged About 16 Years Through Guardian Mother Saroj W/o Suresh Kumar Kamlesh, R/o Village Thargabahara (Baloda), P.S. And Tahsil Baloda, District Janjgir - Champa (C.G.) At Present R/o Uchhditthi P.S. And Tahsil Champa District - Janjgir-Champa (C.G.). --- (Applicant No. 2 Before Learned Court Below Is Married) ... Applicant(s) versus 1 - Suresh Kumar Kamlesh S/o Banmali Prasad Kurre Aged About 41 Years R/o Village Thargabahara (Baloda), P.S. And Tahsil Baloda, District Janjgir - Champa (C.G.) (Assistant Teacher) At Presently Posted At Government Primary School Shanichara (Damami) Charpara Block Baloda, P.S. And Tahsil Baloda District - Janjgir - Champa (C.G.). ... Respondent(s) For Applicant(s) : Mr. F.S. Khare, Advocate For Respondent(s) : Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 21/02/2025 1. The present Criminal Revision is filed by the applicants under 2 Section 19(4) of Family Courts Act, 1984 against the order dated 03.06.2024 passed by the Principal Judge Family Court, Janjgir, District-Janjgir-Champa (C.G.) in Misc. Criminal Case No. 290/2022 whereby the Principal Judge has enhanced the maintenance award and granted maintenance of Rs. 3500/- per month instead of Rs. 1800/- to applicant no. 1 and Rs. 2000/- instead of Rs. 1300/- to applicant no. 2. 2. Brief facts of the case are that the applicant no. 1 is wife of non- applicant and applicant no. 2 is daughter of the non-applicant. Earlier maintenance order was passed vide order dated 29.07.2015 in Misc. Cr. Case No. 218/2013 by learned family court and ordered the non-applicant to pay maintenance amount Rs. 1800/- for applicant no. 1 and Rs. 1300/- each for applicant no. 2 and 3. Copy of order dated 29.07.2015 is being filed herewith as Annexure A/2. On 04.12.2019 the applicants filed an application U/s 127 of Cr.P.C. for enhancement of maintenance amount up to Rs. 20,000/- per month in favour of applicants on the reason that there is hike in the prices of essential commodities and the daughters are studying in the colleges and the maintenance amount granted is not sufficient for maintaining them. After notice the non-applicant submitted reply and denied the contents of application and stated that the daughter namely Bharti is now married therefore she is not entitled for maintenance and so for as applicant wife and daughter namely Sandhya is concern, the applicants is having sufficient source of income. The 3 respondent is having the loan from S.B.I. and he is paying the installment therefore the application is liable to be rejected. The learned family court after hearing the parties and after conclusion of the trial allowed the application partly and enhanced the maintenance amount Rs. 1800/- to 3500/- per month for applicant no. 1 and Rs. 1300/- to Rs. 2000/- for applicant no. 2 and since the daughter namely Bharti got married therefore no order was passed for her maintenance. The learned family Court has committed error while not enhancing the maintenance amount as prayed by the applicants due to which the applicant are facing great financial hardship. 3. Learned counsel for the applicant contended that the impugned order passed by learned trial court is perverse and against the facts of the case. The learned family court has committed mistake while not enhancing the maintenance amount as prayed by the applicant as per increasing the cost and education expenses. The learned family Court has failed to see that the non-applicant is having sufficient source of income, therefore his financial status is very much strong then the applicants. The applicants is having no source of income and they are only dependent upon the maintenance amount fixed by the learned family court. The maintenance amount is also not being paid regularly by the respondent. He further contended that the learned family court has also failed to see that the respondent is in government service and at present the living cost is increased and at present the 4 applicant no. 2 is suffering from mental disease and medical treatment is going on and for the treatment there is need of money. Copy of medical treatment documents of applicant no. 2 is being filed herewith as Annexure A/3. 4. I have heard learned counsel for the applicants and perused the record with utmost circumspection. 5. Perusal of record shows that the applicants filed an application before the learned Family Judge for enhancement in the maintenance award stating that applicant no. 02 is a regular student of B.Sc. Nursing (third year) in Surya College of Nursing, District-Janjgir-Champa, Chhattisgarh, her fees and other expenses are Rs. 10,000/- (ten thousand rupees) per month and applicant no. 03 is a regular student of "Kopa" business in Women's Industrial Institute, Koni, Bilaspur, whose fees and other expenses are Rs 6,000/- (six thousand rupees) per month. Applicant no. 1 requires Rs 4,000/-(four thousand rupees) per month to meet her needs. Presently inflation has increased after the previous order. It is becoming difficult for them to survive with the amount they receive due to which they are facing financial problems. Whereas the non-applicant is currently posted as an Assistant Teacher in School Shanichara (Damami), District Baloda and receives a total monthly salary of Rs 36,545/- (Thirty-six thousand five hundred forty-five rupees). Apart from this, the applicant has 2.5 acres of two-crop agricultural land in village Thadgabahra. 5 6. The non-applicant has pleaded in the reply that applicant no. 2 has been married and applicant no. 03 has completed professional education from Government Women's Industrial Institute, Koni, Bilaspur and has become an adult and is earning an income of Rs 25-30 thousand per month by giving computer education to children and doing business related to it. Applicant no. 01 earns a monthly income of approximately Rs 25,000/- (twenty five thousand rupees) by running a grocery shop. The needy family receives rice, salt, sugar etc. from the government. Applicant no. 01's father owns 10 acres of agricultural land, which applicant No. 01 looks after and utilizes the entire property. The non-applicant further pleaded that presently he has two sons, the first son is studying in class 5th and the second son is studying in KG-02, for which he is responsible. When he was diagnosed with Corona Positive then he underwent treatment in a private hospital for which he took a personal loan of Rs. 6,00,000/- (six lakh rupees). 7. According to the undisputed facts, the learned Judge, Family Court, Janjgir, District- Janjgir-Champa (C.G.) vide its order dated 29.07.2015 awarded monthly maintenance of Rs 1,800/- (one thousand eight hundred rupees) to applicant 01 and Rs 1,300/- (one thousand three hundred rupees) to applicant 03. At that time the monthly salary of the non-applicant was found to be Rs 18-19 thousand from the discussion of para 17 and 18 of the earlier order, whereas as per the admission of the applicant, at present 6 his salary is Rs 36,545/-. (Thirty six thousand five hundred forty five rupees). It has been almost 09 years since the previous order was passed. In these 09 years, it is natural for the prices of daily commodities and other goods and the income of the applicant to increase on the basis of inflation. While deciding the amount of maintenance, the responsibilities of the non-applicant will also be considered. The non-applicant is posted as a teacher. The non- applicant is accompanied by his mother, second wife and two minor children born from second wife, whose maintenance is the responsibility of the non-applicant. The applicant was suffering from Corona and took a personal loan of Rs 6,00,000/- (six lakh rupees) from State Bank of India for its treatment and is repaying loan with monthly EMI of Rs. 19,350/-. The applicant no. 1 has admitted that she is earning daily wage of Rs. 200/- by doing labour work under Employment Guarantee Scheme. 8. After considering the facts and circumstances of the case, submissions of the parties, the learned Principal Judge, Family Court, Janjgir, District-Janjgir-Champa (C.G.) held that the amount given to applicant no. 01 should be increased from Rs 1,800/- (one thousand eight hundred rupees) to Rs 3,500/- (three thousand five hundred rupees) and the amount given to applicant no. 03 should be increased to Rs 2,000/- (two thousand rupees) from the non-applicant. 9. In view of the above circumstances, it appears appropriate to increase the amount of foster care provided to the applicant. 7 Keeping in view the time lapse and the increase in the prices of daily commodities, as per the order passed earlier, the amount given to applicant no. 01 should be increased from Rs 3500/- (three thousand five hundred rupees) to Rs 4000/- (four thousand rupees) and the amount given to applicant no. 03 should be increased to from Rs 2,000/- (two thousand rupees) to Rs. 2500/- (two thousand five hundred rupees) from the non-applicant. 10. Accordingly, the present Criminal Revision is partly allowed. Sd/- (Arvind Kumar Verma) JUDGE Madhurima