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2026 DAILYLAW 10841 (CHH)

LILA SAHU, v. DASHRURAM SAHU,

CRR/652/2023 · 2026-01-12

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Judgment text

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1 2026:CGHC:1965 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 652 of 2023 Lila Sahu, W/o Dashruram Sahu, Aged About 22 Years R/o Village- Purena Khapri, P.S.- Balodabazar Teh.- Balodabazar, District- Balodabazar (Chhattisgarh). ... Applicant(s) versus Dashruram Sahu, S/o - Shayamlal Sahu Aged About 26 Years R/o- Village- Gatora, P,s.- Palari Teh.- Palari, District- Balodabazar (Chhattisgarh). ... Respondent(s) For Applicant(s) : Mr. H.A.P.S. Bhatia, Advocate. For Respondent(s) : None. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 13 /01/2026 1. The applicant has filed this criminal revision against the order dated 19.04.2023 passed by learned Principal Judge, Family Court, Balodabazar, District – Balodabazar (C.G.) in Misc. Criminal Case No.236/2022, whereby the learned Family Court has rejected the application under Section 125 CrPC filed by the applicant. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Brief facts necessary for disposal of this revision are that the applicant-wife filed an application under Section 125 Cr.P.C. before the Family Court, Balodabazar (Misc. Cr. Case No. 236/2022), seeking maintenance of Rs.10,000 per month from her husband, the respondent, claiming that after their marriage on 05.05.2020 and cohabitation for six months, the respondent subjected her to abuse and physical cruelty, forcing her to leave for her parental home. She has no independent income and is dependent on her parents. The respondent-husband denied the allegations, claimed he is unable to pay maintenance, and sought dismissal of the application. On 19.04.2023, the Family Court dismissed the maintenance application. Hence, the present revision. 3. Learned counsel for the applicant submits that the Family Court acted with material irregularities and erred in dismissing the maintenance application despite the applicant producing supporting documents, making the order legally unsustainable. He further submits that the Court failed to consider that the applicant has no independent source of income and is unable to maintain herself, and wrongly held that she left the respondent’s house without reason, ignoring the cruelty and ill-treatment by the respondent. He also submits that considering the facts and circumstances, the order dated 19.04.2023 dismissing the maintenance application is unjust and liable to be set aside. 4. I have heard learned counsel for the applicant, perused the impugned order and other documents appended with criminal revision. 3 5. From perusal of the impugned order, it transpires that the learned Family Court has rejected the application under Section 125 CrPC filed by the applicant observing the applicant has failed to prove through her evidence and documents that she is living separately from the respondent due to cruelty or denial of maintenance. As a result, the Family Court concluded that the applicant is not entitled to maintenance. 6. Considering the submissions advanced by the learned counsel for the applicant and perusing the impugned order and the finding recorded by the learned Family Court, I am of the view that the Family Court has not committed any illegality or infirmity or jurisdictional error in the impugned order warranting interference by this Court. 7. Accordingly, the revision being devoid of merit is liable to be and is hereby dismissed. 8. Registrar (Judicial) is directed to transmit the original record to the concerned Family Court within a week from today for necessary information and follow up action. Sd/- (Ramesh Sinha) Chief Justice Akhil