1 2026:CGHC:2802 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 769 of 2023 Rameshwar Nishad S/o Shri Lakhanlal Nishad Aged About 30 Years R/o Village Chuhari, Thana Tumgaon, Tahsil Mahasamund. District Mahasamund, Chhattisgarh. (Present Address And Posting Wrongly Mentioned By The respondent In Cause Title) ... Applicant(s) versus 1 - Smt. Chandraprabha Nishad W/o Shri Rameshwar Nishad Aged About 28 Years R/o Village Soramsinghi, Thana Khallari, Tahsil And District Mahasamund, Chhattisgarh. 2 - Dhanendra Nishad (Minor) S/o Rameshwar Nishad Aged About 4 Years Through Natural Guardian Mother Smt. Chandraprabha Nishad, R/o Village Soramsinghi, Thana Khallari, Tahsil And District Mahasamund, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Sumit Shrivastava, Advocate. For Respondent(s) : None. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 16 /01/2026 1. The applicant has filed this criminal revision against the order dated 10.12.2022 passed by learned Family Court, Mahasamund, AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 District – Mahasamund (C.G.) in Misc. Criminal Case No.76/2022, whereby, the learned Family Court partly allowed the application under Section 125 Cr.P.C. filed by the respondents and directed the applicant to pay Rs.2,200/- per month to respondent No.1 and Rs.800/- per month to respondent No.2 towards maintenance. 2. Brief facts necessary for disposal of this revision are that the marriage between the applicant and respondent No.1 was solemnized on 18.04.2016 as per Hindu rites, out of which one male child, Dhanendra Nishad aged about 4 years, was born and is presently residing with respondent No.1. The respondent No.1 filed an application under Section 125 CrPC alleging cruelty, harassment, and neglect by the applicant, claiming that she was compelled to reside with her parents along with the minor child and that the applicant failed to provide any maintenance. She further alleged that the applicant is financially well-off and sought maintenance for herself and the child. The applicant, however, denied all allegations, stating that he has limited income, that respondent No.1 left the matrimonial home voluntarily insisting on separate residence, and that a community meeting resulted in dissolution of marriage with an order to pay Rs.500/- per month to the child, which he has been regularly paying. Despite absence of sufficient evidence to establish justified separate residence, the learned Family Court partly allowed the maintenance application, giving rise to the present revision. 3 3. Learned counsel for the applicant submits that the learned Family Court has erred in law and facts in awarding maintenance of Rs.3,000/- per month in favour of respondent No.1, without properly appreciating the financial capacity of the applicant. The applicant earns only about Rs.5,000–6,000 per month and is required to maintain himself as well as his aged parents. In addition, the applicant is already paying Rs.500/- per month towards maintenance of the minor child as decided in the community meeting, and therefore the amount awarded is excessive and beyond his means. He further submits that the learned Family Court failed to consider that respondent No.1 left the matrimonial home voluntarily and without sufficient cause, despite the applicant being willing to keep her with dignity. The respondent No.1 is capable of maintaining herself and is stated to be working in a dental hospital at Raipur, earning sufficient income. Hence, she is not entitled to maintenance under Section 125 CrPC. He also submits that the learned Family Court overlooked the fact that respondent No.1 made false and exaggerated claims regarding the applicant’s income and property, including incorrect assertions that the applicant was employed as a Regional Officer in Axis Bank earning Rs.40,000/- per month and that his father owned 8 acres of land earning Rs.10,00,000/- annually, without producing any supporting documents. Further, the parties had already dissolved their marriage by mutual consent through a community settlement, 4 which was accepted by respondent No.1, and thereafter the applicant has contracted a second marriage and has additional responsibilities, thereby disentitling respondent No.1 from claiming maintenance. 4. I have heard learned counsel for the applicant, perused the impugned order and other documents appended with criminal revision. 5. From perusal of the impugned order, it transpires that the learned Family Court partly allowed the application under Section 125 Cr.P.C. filed by the respondents and directed the applicant to pay Rs.2,200/- per month to respondent No.1 and Rs.800/- per month to respondent No.2 towards maintenance observing that the respondent-wife had sufficient and justifiable cause to live separately due to cruelty and unnatural conduct of the applicant, that the so-called community divorce has no legal sanctity under Hindu law, and that the applicant himself admitted contracting a second marriage. The learned Family Court further held that the respondent-wife is unable to maintain herself and the minor child, while the applicant is an able-bodied person capable of earning and failed to establish that his parents are dependent upon him, thereby neglecting his statutory duty to maintain his wife and child. Therefore, the Family Court concluded that the respondents are entitled for maintenance as aforementioned, which cannot be said to be on higher side. 5 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