Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 16301 (CHH)

SMT. LEELAWATI v. NATHU RAM

CRR/1287/2024 · 2026-02-01

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:5829 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1287 of 2024 Smt. Leelawati W/o Shri Nathu Ram Aged About 44 Years R/o Village Bisahi Nawapara,, Presently Resided At- Shivaripara Bhatgaon, Police Station Bhatgaon, District- Surajpur Chhattisgarh. ... Applicant(s) versus Nathu Ram S/o Shri Mohara Aged About 48 Years Village Bisahi, Nawapara, Presently Resided At- Jarhi ( Chilgam Dafai ) Chowki Jarhi, District- Surajpur Chhattisgarh. ... Respondent(s) For Applicant(s) : Smt. Dhaneshwari Patel, Advocate. For Respondent(s) : None. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 02 /02/2026 1. The applicant has filed this criminal revision against the order dated 14.08.2024 passed by learned Judge, Family Court, Surajpur, District – Surajpur (C.G.) in Misc. Criminal Case AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 No.175/2022, whereby the learned Family Court has rejected the application under Section 127 CrPC filed by the applicant / wife. 2. Brief facts necessary for disposal of this revision are that the applicant filed an application under Section 127 Cr.P.C. on 20.05.2022 before the learned Family Court, Surajpur, seeking enhancement of monthly maintenance from Rs. 3,000/-, which was earlier granted in Criminal Case No. 126/2015, on the ground of rise in prices of daily necessities and expenses towards the marriage of her adult son and daughter. The respondent opposed the application, claiming that he had already provided land and a tractor for their livelihood and denied entitlement to enhancement. After considering the pleadings and evidence, the learned Family Court, vide order dated 14.08.2024, rejected the application, leading the applicant to prefer the present criminal revision before the this Court. 3. Learned counsel for the applicant submits that the impugned order dated 14.08.2024 (Annexure P-1) passed by the learned Family Court is partly contrary to the facts and evidence available on record and suffers from non-application of judicial mind. She further submits that the learned Family Court failed to properly appreciate the oral and documentary evidence and erroneously rejected the petitioner’s application, ignoring the fact that the previously awarded maintenance of Rs. 3,000/- per month has become wholly inadequate in view of the present cost of living, while the respondent is employed with SECL and earning a 3 substantial monthly salary. She also submits that considering the overall facts, material on record, and financial capacity of the respondent, the maintenance amount deserves suitable enhancement. The petitioner reserves the right to raise additional grounds at the time of motion and final hearing. 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 has rejected the application under Section 127 CrPC filed by the applicant / wife, holding that she failed to produce any cogent documentary evidence to prove increase in the income of the respondent or insufficiency of the existing maintenance of Rs. 3,000/- per month, and that the respondent had already provided sufficient means of livelihood by purchasing agricultural land and a tractor in the name of the applicant and their son, from which adequate income is being generated, thereby negating the necessity for enhancement of maintenance. 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 4 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