1 2025:CGHC:9203 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 254 of 2025 1 - Smt. Divya Rani W/o Pankaj Kumar Sharma, Aged About 29 Years R/o Railway Quarter No. 541/a Zone - 1 B.M.Y. Charouda District Durg (C.G.). 2 - A. Janhavi D/o Pankaj Kumar Sharma Aged About 6 Years Minor Representing Through His Guardian Mother Smt. Divya Rani W/o Pankaj Kumar Sharma, ----- R/o Railway Quarter No. 541/a Zone - 1 B.M.Y. Charouda District Durg (C.G.). ... Applicant(s) versus 1 - Pankaj Kumar Sharma S/o A.V.N.S. Sharma Aged About 30 Years R/o M.I.G. 563 Ward No. 23 Dindayal Colony B.M.Y. Charouda, District Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. Rohitashva Singh, Advocate For Respondent(s) : Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 21/02/2025 1. Heard on I.A. No. 01/2025, an application for condonation of delay. 2 2. On due consideration and for the reasons mentioned therein, I am inclined to allow I.A. No. 01/2025 and the delay of 1020 days is hereby condoned. 3. The present Criminal Revision is filed by the applicants under Section 19(4) of Family Courts Act, 1984 against the order dated 24.01.2022 passed by the Second Additional Principal Judge Family Court, Durg (C.G.) in Criminal MJC No. 1111/2021 awarding interim maintenance of Rs. 5000/- per month to applicant no. 1 and Rs. 2000/- for applicant no. 2. 4. Brief facts of the case is that the applicant no. 1 and respondent married each other on 19.02.2014 at Charouda Bhilai, District- Durg (C.G.) and applicant no. 2 was born on 19.08.2019. After some time of marriage the respondent started taunting and abusing the applicant no. 1 and he performed second marriage with another girl. The applicants filed an application for grant of ad interim maintenance and pleaded that she is not having any source of income and respondent is working as Constable in Central Industrial Security Force and is earning Rs. 58,285/- per month and also having luxury Car and other property also and prayed for Rs. 15,000/- per month as an interim maintenance. 5. Learned counsel for the applicants contended that the learned Family Judge has awarded very meager amount of interim maintenance. Learned Family Court erred in computing the maintenance amount, specifically in view of material evidence available on record. The order of interim maintenance was passed 3 on 24.01.2022 and respondent is not giving maintenance amount regularly. 6. I have heard learned counsel for the applicants and perused the record with utmost circumspection. 7. Perusal of record shows that that the marriage of applicant no. 1 was solemnized with respondent on 19.02.2014 in Charoda Bhilai District-Durg and on 16.03.2015 applicant no. 2 was born. On 19.08.2019 the applicant no. 1 was again pregnant because of which respondent brought her to her maternal home for proper care and since then the respondent has not fulfilled any moral responsibility of being her husband and father. Due to the mental cruelty inflicted by the respondent and her in-laws and the fact that the respondent has performed second marriage with another girl, the applicant has not been searched for by the respondent and her in-laws. The applicants do not have any source of income. Whereas the respondent is a subordinate constable of Central Industrial Security Force, Ministry of Home Affairs, Government of India, receives a monthly salary of Rs 58,285/- and has his own permanent house and car. Therefore, an affidavit has been submitted on behalf of the applicants with a request to get Rs 15,000/- per month from the respondent for the interim maintenance amount. 8. In the reply to the interim maintenance application on behalf of the respondent, it is mentioned that the applicant did not performed her duties of being a wife and daughter-in-law and mentally 4 tortured the respondent and his parents and of her own free will came to her maternal home with her male friend and since then she has been living in her maternal home along with her daughter on her own free will. He further submits that he is drawing monthly salary of Rs. 45000/- upon whom his parents are dependent and after paying loan and other liabilities he is saving only Rs. 11000/- per month. 9. The learned Family Judge while awarding the interim maintenance found that the respondent’s educational qualification is 12th pass and he is a Constable of Central Industrial Security Force, Ministry of Home Affairs, Government of India and is drawing monthly salary of Rs. 45,000/-. Since his parents are also dependent upon him and he is paying out his loans therefore, he is spending around Rs. 12,000/- per month. From the affidavit produced by the applicant no. 1 it is clear that applicant no. 1 has done her graduation but she has no source of income and has an expenditure of around Rs. 15,000/- per month. Also, she has stated that around Rs. 10,000/- is monthly expenditure of her daughter/applicant no. 2. After perusing the records presented by the parties on record, the learned Family Court has partly allowed the application filed by the applicants and awarded interim maintenance of Rs. 5000/- per month in favour of applicant no. 1 and Rs. 2000/- per month in favour of applicant no. 2. 10. Considering the facts and circumstances of the case, statements of the counsel, records of the case, this Court is of the considered 5 opinion that the learned Principal Judge, Family Court, Durg (C.G.) has passed an order of interim maintenance awarding Rs. 5000/- per month to applicant no. 1 and Rs. 2000/- per month to applicant no. 2 and the proceedings are still going on. Therefore, the order passed by the learned Family Judge is neither illegal nor perverse and does not suffer from any judicial error. 11. Accordingly, the present Criminal Revision is dismissed. 12. However, the Second Additional Principal Judge, Family Court, Durg (C.G.) is directed to conclude the proceedings of Criminal MJC No. 1111/2021 expeditiously as soon as possible, if there is no legal impediment. (Arvind Kumar Verma) JUDGE Madhurima