1 2026:CGHC:8219 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 489 of 2026 1 - Umashankar Yadav S/o Shri Dukhharam Yadav, Aged About 57 Years, R/o Ghorbandha, P.S. And Tah Rajpur, Distt. Balrampur- Ramanujganj (C.G.). ... Petitioner versus 1 - Smt. Prabhawati @ Prabha Devi W/o Umashankar Yadav, Aged About 57 Years, R/o Dhandkhaduwa, P.S. And Tah Rajpur, Distt. Balrampur-Ramanujganj (C.G.). ... Respondent For Petitioner : Mr. Vivek Bhakta, Advocate For Respondent : Not noticed Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 16/02/ 2026 1. Heard. 2. The instant petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 against the impugned order dated 16.12.2025 learned Sessions Judge, Ramanujganj, District - Balrampur-Ramanujganj (C.G.) in Criminal Revision No. 57/2025, arising out of the order dated 17.07.2025 passed by the learned Judicial Magistrate First Class, Raipur District- Balrampur-Ramanujganj (C.G.) SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.02.16 18:22:04 +0530 2 in Misc. Criminal Case No. 40/2024. 3. Briefly, the facts of the case are that the respondent/wife filed an application under Section 144 BNSS in the court of learned JMFC, seeking interim maintenance, stating that she married the applicant on 13.02.1995, and they have a son, Pradeep. The petitioner/husband, a clerk in the Water Resources Department, now posted as a Pump Operator in Rajpur, kept her well for a year and a half after marriage at Shankargarh and Rajpur. The applicant allegedly became abusive under the influence of alcohol and stopped providing money for her and their son. The respondent claims she has no income and is struggling to survive, while the applicant is capable of supporting her and their son. She sought Rs. 8,000 as interim maintenance. 4. The learned JMFC after perusal of the case passed the order on 17.07.2025 to the effect that the petitioner/husband shall pay the amount of Rs.4,000/- per month as interim maintenance till final disposal of the case in favour of Respondent/wife. Being aggrieved by the said order, the respondent/wife filed a revision before the learned Session Judge, Balrampur Ramanujgan C.G. and vide impugned order dated 16.12.2025, the learned Sessions Judge has enhanced the interim maintenance to Rs.5,000/- in favour of the respondent/wife. Hence, the present petition has been filed by the Petitioner/husband. 3 5. The petitioner's counsel argues that the respondent is not the petitioner's legally married wife, as she was married to Hariram Yadav, and that marriage was not dissolved by any Court. He further submits that Pradeep is not the son of the petitioner, but the son of Hariram. Both the Courts below have committed grave error in not appreciating the material facts and evidence on record and passed the erroneous orders, which are liable to be set-aside in the interest of justice. 6. I have heard learned Counsel appearing for the applicant and perused the documents annexed with the revision including the impugned orders. 7. Having carefully examined the impugned order, I find no perversity, illegality, or inconsistency in the findings recorded by the learned Sessions Judge and only Rs.5,000/- has been awarded as interim maintenance in favour of the respondent/wife, hence, at this stage, I am not inclined to interfere with the order impugned. 8. Accordingly, the revision is hereby dismissed at motion stage itself. However, the trial Court is directed to dispose the case as early as possible. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.