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2026 DAILYLAW 13177 (CHH)

SHRIMATI SARITA GANGBOIR v. OMPRAKASH GANGBOIR

CRR/395/2026 · 2026-03-24

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Judgment text

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1 2026:CGHC:14371 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 395 of 2026 Shrimati Sarita Gangboir W/o Omprakash Gangboir Aged About 28 Years R/o Koshtapara, Azad Chowk, Dhamtari, Tehsil And Distt. Dhamtari, Chhattisgarh. ... Applicant versus Omprakash Gangboir S/o Dharmu Gangboir Aged About 32 Years R/o Ukva, Balaghat, Mohan Nagar, Samnapur, Ukva, Ward No. 13, Distt. Balaghat, Madhya Pradesh. ---- Respondents For Applicant : Mr. Shobhi Koshta, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.03.2026 1. Heard Mr. Shobhi Koshta, learned counsel appearing for the applicant. 2. This Criminal Revision is being aggrieved of the order dated 04.12.2025 passed by the learned Family Court, Dhamtari, District – Dhamtari (C.G.) in Misc. Cr. Case No. 134/2024, whereby the learned Family Court, dismissed the application under Section 144 of BNSS filed by the applicant for grant of maintenance. 3. The prosecution story in brief is that the applicant happens to be the wife of the respondent and they got married as per the customs and traditions on 23.04.2022. It was averred in the application for grant of maintenance, that after the marriage, the respondent/ husband started harassing the applicant over trivial issues and it was alleged by the husband without any proof that the applicant is having affair with other persons, thereafter the respondent started treating the applicant with cruelty and does not take care of her due to which the applicant was RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 forced to return to her parents house. Since the respondent is working as engineer and have other source of income, therefore, the applicant prayed for Rs 25,000/- as monthly maintenance amount. 4. The respondent herein has filed the reply to the said application and has denied the averments raised by the applicant. The learned Family Court has recorded the statement of the parties. The witnesses were examined before the learned Family Court including the applicant and the respondent. The learned Family Court by passing the impugned order, has dismissed the application under Section 144 of BNSS filed by the applicant for grant of maintenance. Hence, this revision. 5. Learned counsel appearing for the applicant submits that the impugned order is contrary to the facts, law and circumstances of this case. It is further submitted that the applicant was being ill treated and mentally harassed by the respondent, which made the applicant to live separately from the respondent and the same is sufficient ground for a wife to live separately. Therefore, the impugned order is contrary to the facts, and the same is liable to be modified. 6. I have heard learned counsel for the applicant, perused the pleadings and documents appended thereto. 7. Considering the submissions advanced by the learned counsel for the applicant, and from the perusal of the order of the Family Court, it transpires that no any good ground has been raised on merits by the applicants’ side, thus, it transpires that after hearing all the statements of the witnesses and perusing the evidence available on record, the learned Family Court has passed the impugned order, and there is no any illegality and infirmity while passing the same which requires 3 interference by this Court. 8. Accordingly, the criminal revision being devoid of merit is liable to be and is hereby dismissed. 9. Let a certified copy of this order as well as original records be transmitted to the concerned trial Court for necessary compliance and follow up action, if any. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar