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2026 DAILYLAW 15824 (CHH)

SMT. SANMAT BAI v. DHANSAI

CRR/1281/2023 · 2026-01-21

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Judgment text

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1 2026:CGHC:3908 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1281 of 2023 Smt. Sanmat Bai W/o Dhansai, Aged About 50 Years R/o Village Sirouli, Bhanwar Mahua, Police Station Manendragarh, Tahsil Manendragarh, District – Koriya, Chhattisgarh. ... Applicant versus Dhansai S/o Bharosa Ram, Aged About 58 Years Occupation Service In S.E.C.L., R/o Bartunga Colliery, Near Pipal Chowk, Chip House, Police Station Chirmiri, Tahsil Chirmiri, District Koriya Chhattisgarh. (Non-Applicant) ---- Respondents For Applicant : Mr. Shivendu Pandya, Advocate. For Respondent : Mr. Anil Kumar Gulati, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.01.2026 1. Heard Mr. Shivendu Pandya, learned counsel appearing for the applicant. Also heard Mr. Anil Kumar Gulati, learned counsel for the respondent. 2. This Criminal Revision is being aggrieved of the order dated 20.09.2023 passed by the learned Family Court, Manendragarh, District – Koriya (C.G.) in Misc. Judicial Case No. 53/2021, whereby the learned Family Court, rejected the application under Section 125 of the CrPC filed by the applicant for grant of maintenance. 3. The prosecution story in brief is that the applicant filed an application under Section 125 of CrPC for granting the maintenance amount of Rs. 20,000/- for maintaining herself. The applicant of the applicant was RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 registered as Misc. Judicial Case No. 53/2021 and vide order dated 20.09.2023 the applicant of maintenance amount was rejected for the applicant by the learned Family Court. 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 rejected the application under Section 125 of the CrPC 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 because of the ill-treatment and harassment committed by the respondent, the applicant left the house of the respondent and living separately from him, and the mental and physical harassment and just and sufficient cause to reside separately from the husband. Therefore, the impugned order is contrary to the facts, and the same is liable to be modified. 6. On the other hand, learned counsel for the respondent opposes the submissions advanced by the learned counsel for the applicant and supports the impugned order dated 20.09.2023 passed by the learned Family Court, Manendragarh, District – Koriya (C.G.) in Misc. Judicial Case No. 53/2021, whereby the learned Family Court, rejected the application under Section 125 of the CrPC filed by the applicant for grant of maintenance, and he further submits that there is no illegality and infirmity while passing the same, therefore, the instant revision 3 filed by the applicant/complainant is devoid of merits and is liable to be dismissed. 7. I have heard learned counsel for the parties, perused the pleadings and documents appended thereto. 8. Considering the submissions advanced by the learned counsel for the parties, 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 interference by this Court. 9. Accordingly, the criminal revision being devoid of merit is liable to be and is hereby dismissed. 10. Let a certified copy of this order be transmitted to the concerned trial Court for necessary compliance and follow up action, if any. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar