1 2026:CGHC:5561 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 512 of 2024 Smt. Anjali Sonant W/o Rajesh Sonant Aged About 29 Years At Present R/o- Through Ramkumar Nag, Indira Awas, Village Konargarh, Police Station- Mulmula, District : Janjgir-Champa, Chhattisgarh. ... Applicant versus Rajesh Kumar Sonant/soni S/o Shri Chaitram Sonant Aged About 32 Years R/o Sadak Mohalla Village Khapri, Patralay- Okhar, Chowki- Pachpedi, Police Station- Masturi, District : Bilaspur, Chhattisgarh. ... Respondent For Applicant : Mr. Sourav Agrawal, Advocate For Respondent : Ms. Neha Khandekar, Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.01.2026 1. This criminal revision has been filed by the applicant with the following prayer: “It is therefore prayed that this Hon'ble Court may kindly be pleased to allow the instant revision petition and further be pleased to modify the Order dated 24.04.2024 passed by learned 2nd Additional Principal Judge, Family Court Bilaspur, District Bilaspur (C.G.) in Miscellaneous Criminal Case No. 458/2023 RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 between "Smt. Anjali Sonant Vs. Rajesh Kumar Sonant" (Annexure-P/1) and enhance the maintenance amount, is in the interest of justice.” 2. The facts of the case, in brief, are that the applicant, being the legally wedded wife of the respondent, filed an application under Section 125 of the Code of Criminal Procedure before the learned Family Court, Bilaspur (C.G.), seeking maintenance. The marriage between the parties was solemnized on 28.04.2018 at Village Konargarh, District Janjgir-Champa (C.G.). The applicant alleged that the respondent subjected her to cruelty, maintained an illicit relationship, and refused to reside with her, which was also admitted by the respondent before the Counselor at Mahila Police Station, Bilaspur. It was further pleaded that the respondent is earning approximately Rs.80,000/- per month from agricultural land as well as cloth and taxi business, yet neglected to maintain the applicant, compelling her to seek maintenance of Rs.15,000/- per month. The respondent, in his reply, contended that the applicant is living separately pursuant to a divorce deed (Exh.-D/1) and claimed that he has been paying Rs.4,000/- per month towards maintenance of the minor son, and therefore denied liability to maintain the applicant. Upon consideration of the pleadings and evidence, the learned Family Court, by order dated 24.04.2024, partly allowed the application and directed the respondent to pay a sum of Rs.1,000/- per month as maintenance to the applicant. Being aggrieved by the said order, the applicant has preferred the present revision. 3 3. Learned counsel for the applicant submits that the impugned order dated 24.04.2024 (Annexure-P/1) passed by the learned Family Court is illegal, arbitrary and unsustainable in the eyes of law inasmuch as a meagre amount of maintenance has been awarded to the applicant despite sufÏcient material on record regarding the income of the respondent. It is contended that the learned Family Court failed to properly rely upon and appreciate the oath statement of the applicant, wherein it was specifically stated that the respondent is earning about Rs.80,000/- per month from agricultural land as well as from taxi and cloth business. It is further submitted that the learned Family Court failed to apply the settled principle laid down by the Hon’ble Supreme Court in Kalyan Dey Choudhary vs. Rita Dey Choudhary reported in (2017) 14 SCC 200, which mandates that approximately 25% of the net income of the respondent ought to be awarded as maintenance to the spouse. The learned Family Court also failed to properly assess the status, standard of living and financial needs of the applicant in comparison to that of the respondent. Furthermore, the learned Family Court ignored the law laid down by the Hon’ble High Court of Allahabad in Matapher vs. State of U.P. & Others reported in 2024 SCC OnLine All 1019, resulting in grave miscarriage of justice. Therefore, the impugned order, being unjust and inadequate, deserves to be interfered with and suitably modified. 4. On the other hand, learned counsel, appearing for the respondent opposes the prayer made by the learned counsel for the applicant and supports the impugned order passed by the learned 2nd 4 Additional Principal Judge, Family Court, Bilaspur, District Bilaspur, (C.G.). 5. I have heard learned counsel for the parties, perused the pleadings and documents appended thereto. 6. From the perusal of the impugned order, it transpires that the learned Family Court, after carefully considering the pleadings, evidence and materials available on record, has rightly passed the impugned order dated 24.04.2024 partly allowing the application under Section 125 Cr.P.C. The learned Family Court has duly taken into account the marital relationship between the parties, the allegations of cruelty and neglect made by the applicant, as well as the rival contentions raised by the respondent regarding separate residence and payment towards the minor child. After proper assessment of the facts and circumstances of the case, including the income and financial capacity of the respondent and the entitlement of the applicant, the learned Family Court exercised its judicial discretion in awarding maintenance to the applicant. The order granting maintenance of Rs.1,000/- per month is a reasoned and balanced order, passed in accordance with law. 7. Considering the submission advanced by the learned counsel for the parties 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. 5 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 trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan