1 2025:CGHC:8868 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 245 of 2025 1 - Minor Kumari Ayat Fatima D/o Saiyyad Nawaz Ali Aged About 8 Years Through Their Natural Guardian Mother Smt. Asma Khan, W/o Saiyyad Nawaz Ali, Address- Through Shri Zamil Khan (Father), Ward No. 27, Benarjee Gali, Vinoba Nagar, P.S. Tarbahar, Tahsil And District Bilaspur (C.G.) 2 - Minor Saiyyad Azan Ali S/o Saiyyad Nawaz Ali Aged About 5 Years Through Their Natural Guardian Mother Smt. Asma Khan, W/o Saiyyad Nawaz Ali, Address- Through Shri Zamil Khan (Father), Ward No. 27, Benarjee Gali, Vinoba Nagar, P.S. Tarbahar, Tahsil And District Bilaspur (C.G.) ... Petitioners Versus Saiyyad Nawaz Ali S/o Saiyyad Azaz Ali Aged About 38 Years Profession- Tailors And Cloth Shop, Address- New Look Tailors, Near Over Bridge And Zama Masjid, P.S. City Kotwali, Tahsil And District- Korba (C.G.) (Wrongly Mentioned Bilaspur C.G.) R/o Purani Basti, Dewanganpara, Korba ... Respondent (Cause-title is taken from Case Information System) For Petitioners : Mr. S. B. Pandey, Advocate. For Respondent : None. 2 Hon’ble Shri Justice Arvind Kumar Verma Order on Board 20/02/2025 1. The instant criminal revision has been filed against the order dated 28/12/2024 passed by the Principal Judge, Family Court, Bilaspur, C.G. in MCC No. 614/2023 whereby the application under Section 125 Cr.P.C. filed by the applicants have been partly allowed and each of the applicants have been awarded Rs.1000/- as maintenance. Hence this revision for enhancement of the amount of maintenance. 2. The brief facts of this case are that the applicants are children of non- applicant and mother of the applicants was married with non-applicant as per Muslim Law and according to religious customs on 25.11.2014. After the birth of both the children i.e., the applicants, quarrel took place between the spouse and on 11.02.2023, Asma Khan/mother and non- applicant have filed the application for grant of decree for divorce of their marriage under Section 2 of Muslim Divorce Act and their marriage was dissolved with mutual consent and the applicants’ mother has withdrawn her application under Section 125 of Cr.P.C with her own consent. It was also stated that the applicants are residing with their natural guardian i.e., mother, and it is further stated that the mother of the applicants is homemaker and she has no source of income. The non- applicant is healthy, young and skilled businessman, who own his business namely New Look Tailors near over bridge Korba (C.G.) 3 whereby he earns Rs. 1,00,000/-per month. She claimed maintenance of Rs. 15,000/- per month for the applicants. 3. The non-applicant herein filed his reply to the aforesaid application and denied other averments made by the applicants, and thereafter he has ex parte before the learned trial Court. Therefore, the non-applicant prayed for dismissal of the application moved by the applicants herein. 4. The learned Family Court by order dated 28.12.2024 held that applicants have sufficient cause to live separately from the non-applicant; applicants are the children of the non-applicant and the non-applicant has social as well as moral responsibility of maintaining them, therefore, learned trial Court awarded the maintenance amount of Rs. 1,000/- ( one thousand rupees) to applicant No. 1 and applicant No. 2 each as maintenance from the date of this order i.e., 28.12.2024. 5. Learned counsel for the applicants would submit that the learned trial Court has awarded a meager amount of Rs.1000/- to applicant No.1 and applicant No.2 each. He would next contend that the trial Court did not consider that the applicants are legally dependent children of the non- applicant and presently they are residing with her mother in their parental grandfather’s house. He would lastly contend that the amount of maintenance may be enhanced and the impugned order may be set aside. 6. I have heard learned counsel for the applicants and perused the documents. 7. Perusal of the record would show that the Family Court has granted maintenance to applicants i.e. children of the non-applicant to the tune of Rs. 1000/- per month each, i.e. the minor daughter and son, who are 4 aged about 08 years & 05 years, respectively. Applicants’ mother has not filed any proof/document with regard to income of the non-applicant and the non-applicant runs a private shop/business of New Look Tailors therefore, in view of the considered opinion of this Court the amount of maintenance so granted by the family Court is on the lower side, and this Court deems it appropriate to enhance the amount of maintenance. Therefore, looking to the the price index which is prevailing in the society and hike in value of the commodities and also the fact that the applicants are leagally dependent children of the non-applicant and presently they are residing with her mother. However, her mother has no source of income for earning any amount as such she is not able to maintain herself and her children, it is directed that the non-applicant/respondent shall pay maintenance of Rs.1800/- to each of the applicants instead of Rs.1000/-, as such he shall pay a total amount of Rs. 3,600/- towards maintenance to the applicants. 8. Accordingly, the revision is partly allowed. Sd/- (Arvind Kumar Verma) JUDGE Uttej