1 2025:CGHC:25091 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 239 of 2018 Shashi Tigga W/o Nelsan Tigga Aged About 36 Years R/o- Village- Sheleng, Tahsil Jashpurnagar, District- Jashpur, Chhattisgarh At Present Resident of Village Pagura (Bartoli), Tahsil Kunkuri, District- Jashpur, Chhattisgarh. ... Applicant versus Nelsan Tigga S/o Shri Jeviar Tigga Aged About 42 Years R/o- Village Gholeng, Tahsil Jashpur, District- Jashpur, Chhattisgarh At Present Resident Of Narayanpur, P.S. Tahsil Kunkuri, District Jashpur, Chhattisgarh. ... Respondent For Applicant : None. For Respondent : Mr. Manoj Kumar Sinha, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.06.2025 1. None appeared on behalf of applicant when the case is called out of hearing. 2. Heard Mr. Manoj Kumar Sinha, learned counsel, appearing for the Respondent. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.06.20 11:27:00 +0530 2 3. The present revision has been filed by the applicant with the following prayer: “ It is therefore, that this Hon’ble Court may kindly be pleased to allow this revision and modify impugned interim order dated 07.07.2017 passed by the learned Family Court Jashpur in Misc. Criminal Case No. 36/2017 and enhance the interim maintenance in favour of the applicant, in the interest of justice.” 4. Facts of the case are that the applicant has filed an application seeking maintenance before the learned Family Court, Jashpur. It is an admitted fact that the applicant and the respondent solemnized their marriage on 31.05.2011 according to traditional rites and rituals. After the marriage, the applicant went to reside with her husband at his matrimonial house. The respondent is a constable in the police department and is presently posted at Narayanpur Thana. Although there were minor disputes between the applicant and the respondent, the respondent consistently behaved badly towards the applicant. Due to the strained relationship, the applicant left her matrimonial home. In the month of June 2013, the applicant and the respondent quarreled because the respondent consumed alcohol and physically assaulted the applicant. Subsequently, the applicant lodged a complaint before the Superintendent of Police, upon which the respondent was suspended and advised not to repeat such conduct. In the year 2016, on the occasion of the Christmas festival, the respondent again acted with cruelty. He 3 consumed excessive alcohol, assaulted the applicant, and expelled her from the house. Aggrieved by the respondent’s ill-treatment, the applicant has since been residing separately and, having been deserted, has filed an application seeking maintenance before the Family Court, Jashpur. 5. The applicant filed an application under Section 125 of the Cr.P.C. seeking maintenance of Rs. 10000/- before the learned Family Court, Jashpur, in Misc. Criminal Case No. 36/2017, whereby the learned Family Court, Jashpur ordered the respondent to pay Rs. 5,000/- as a maintenance on 07.07.2017. 6. On the other hand, learned counsel, appearing for the respondent submits that the order passed by the learned Family Court, Jashpur, in Misc. Criminal Case No. 36/2017 is just and proper, in which no interference is called for. 7. I have heard learned counsel for the respondent, perused the pleadings and documents appended thereto. 8. From perusal of the impugned order, the learned Family Court, Jashpur held that the marriage between the applicant and the respondent was solemnized on 21.05.2011 at the Church located in village Jamchua according to social customs was admitted by both parties. According to witness Shashi Tigga (PW-01), the couple lived peacefully for about one year after their marriage. Thereafter, the respondent started consuming alcohol and began physically assaulting the applicant. In the year 2012–13, when the respondent 4 was posted at the police outpost in Duldula, the applicant lived with him in the government quarters allotted to him. Even there, the respondent used to assault her after consuming alcohol. Around 3 to 4 years ago, the respondent came home intoxicated and struck her above the right eye with his hand, causing her eye to swell and inflicting injuries on other parts of her body as well. According to this witness, upon being assaulted by the respondent, she filed a complaint with the Superintendent of Police, Jashpur. Based on this complaint, the Superintendent suspended the respondent. The respondent also admitted in clause 04 of his cross-examination that he was suspended by the Superintendent of Police, Jashpur due to this incident of physical assault. This circumstance confirmed that the respondent had indeed assaulted the applicant in their home. Hence, under such circumstances, the applicant had sufficient reason to live separately from the respondent, and therefore, she was entitled to claim maintenance from him. 9. According to the applicant, the respondent was employed as a constable at the Narayanpur Police Station and received a monthly salary of Rs. 22,539/-. The applicant submitted a copy of the respondent’s salary slip for the month of February 2017 as Ex/A-01. The respondent also admitted that, after deductions, he received a net monthly salary of Rs. 22,060/-. Considering all these circumstances, the Family Court, Jashpur, found it just and appropriate to direct the respondent to pay Rs. 5,000/- per month as maintenance to the applicant. This order was made effective from the date of the application, i.e., 24.03.2017. 5 10. Considering the submission advanced by the learned counsel for the applicant, materials available on record and also considering the price index and medical expenses, total amount awarded to the respondent cannot be said to be shockingly on lower side warranting interference by this Court in the present revision petition. 11. Accordingly, the criminal revision, being devoid of merit, is liable to be and is hereby dismissed. Sd/- (Ramesh Sinha) Chief Justice Abhishek