1 2025:CGHC:9830 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 271 of 2025 1 - Smt. Namita Chandrakar W/o Jitendra Chandrakar Aged About 33 Years R/o Village- Udena, Post Office- Chhati, Tahsil And District- Dhamtari (C.G.) ... Petitioner(s) versus 1 - Jitendra Chandrakar, Posted As Rural Agriculture Extension Officer S/o Malikram Chandrakar R/o Near Sahu Bhawan, Gali No. 10 Idgahbhatha, Behind Vivekanand Ashram, Police Station Azad Chowk, Raipur, Office Address- Deputy Director Agriculture Department, Near Baronda Chowk, Mahasamund (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Pradeep Singh Rathore, Advocate Hon’ble Shri Justice Arvind Kumar Verma Order on Board 27/02/2025 1. This criminal revision has been preferred by the applicant under Section 19(4) of the Family Courts Act, 1984 being aggrieved by the order dated 03.01.2025 (Annexure A/1) passed by the learned First Additional Principal Judge, 2 Family Court, Raipur, District Raipur (C.G.) in Mcc. No.652/2021, whereby the Family Court has granted interim maintenance total amount of Rs.12,500/- per month. Hence this revision is being filed for enhancement of the maintenance amount. 2. Brief facts of this case, The applicant sought to increase her monthly maintenance under Section 127 of the Cr.P.C. due to rising living costs and expenses related to pursuing a Ph.D. from Kalinga University. She claimed her current maintenance of Rs. 12,500 was insufficient to cover costs such as rent, food, clothes, and research expenses. The non-applicant, a government servant earning Rs. 70,000 per month, denied the allegations. The Family Court partially allowed the application, enhancing the maintenance to Rs. 15,000 per month. 3. Learned counsel for the applicant contended that while granting amount of maintenance, the learned Family Court has not considered the income of non-applicant properly and granted less maintenance to the applicant. The learned Family Court is overlooked the fact that the applicant is pursuing Ph.D. and also required books, copy, research work and traveling expenses for attending the class. He further submits that the present applicant has no 3 accommodation, therefore, she is living in rental house and paying Rs.5,000/- per month house rent as well as paying electricity bill amounts to Rs.1,000/-. Learned counsel for the applicant would further submit that the non-applicant is a government servant and getting monthly salary of Rs.70,000/- per month, hence the application for enhancing the maintenance has been filed before the trial for enhancing the maintenance to the tune of Rs.30,000/- but the trial Court allowed the said application in part and enhanced the amount from Rs.12,500/- to Rs.15,000/-. It is therefore, prayed that, this Court may be pleased to allow the revision and be pleased to enhance the maintenance amount awarded in the order dated 03.01.2025 (Annexure A-1) from Rs.15,000/- to Rs.30,000/- per month or as prayed in the application prayed before the learned Principal Judge, Camp Court Sakti, District Janjgir- Champa (C.G.), in the interest of justice. 4. I have heard learned counsel for the applicant and particularly perused the impugned order available on record with utmost circumspection. 5. Considering the facts of the case, submission made by learned counsel for the applicant and from perusal of the record, it is evident that after taking into consideration, the 4 learned Family Court has granted interim maintenance amount of Rs.15,000/- per month. 6. From perusal of the record of the trial Court, it transpires that applicant No.1/wife has no high source of income, she is residing in rental house and paying Rs.5,000/- per month house rent as well as paying electricity bill amounts to Rs.1,000/- and it is an admitted by the non-applicant that his salary is Rs.65,500/- hence, the Family Court enhanced the interim maintenance to the applicant under Section 127 of CrPC. Therefore, considering facts of the case and looking to the price index which is prevailing in the society and hike in value of the commodities and nature of job of the respondent, it is directed that the non- applicant shall pay interim maintenance of Rs.16,000/- per month instead of Rs.15,000/- per month. 7. Accordingly, the revision is partly allowed and stands disposed of. Sd/- (Arvind Kumar Verma) Judge Saxena ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA