1 2026:CGHC:5774 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1192 of 2024 Smt. Rajkumari Tiwari W/o Akhilesh Tiwari Aged About 29 Years Presently Residing At C/o Rammilan Tiwari, House No. 357/a, Ward No. 05, Near Primary School, Ramnagar, Motipur, Tehsil And District Rajnandgaon Chhattisgarh. ... Applicant versus Akhilesh Tiwari S/o Shri Kamalkant Tiwari Aged About 30 Years R/o In Front Of Matri Smriti Hospital, Ekta Nagar, Gudhiyari, Raipur, Chhattisgarh. Mobile No. 89779-94664 ---- Respondents For Applicant : Ms. Juhi Pandey, Advocate. For Respondent : Mr. Parth Shrivastava, Advocates. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.02.2026 1. Heard Ms. Juhi Pandey, learned counsel appearing for the applicant. Also heard Mr. Parth Shrivastava, learned counsel for the respondent. 2. This Criminal Revision is being aggrieved of the order dated 01.07.2024 passed by the learned Family Court, District – Rajnandgaon (C.G.) in Misc. Cr. Case No. 152/2021, whereby the learned Family Court, dismissed 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 and the respondent are wife and husband in relation, and their marriage were solemnized on 09.02.2019 as per religious rights and ceremonies at Ramnagar, Motipur, Rajnandgaon. In the marriage, family members of the complaint had given various gifts Including gold and silver ornaments RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 as per financial capacity. Thereafter after the applicant started living married life with the non-applicant in her matrimonial house. The applicant most humbly and respectfully submits that the non-applicant lived well with the applicant for 3-4 months after marriage, then suddenly a change started coming in the nature of the non-applicant and the non-applicant started coming home drunk and started fighting and assaulting her over every small issues. The applicant forbade the non-applicant once or twice, but after that the non-applicant did not listen, the non-applicant became addicted to alcohol and on repeated refusals of the applicant, the non-applicant became furious and started abusing the applicant obscenely and beating her with his fists, the applicant reported the misdeeds of the non-applicant to her mother-in- law, father-in-law, sister-in-law and people living nearby in her house. Further the applicant was assaulted by the non-applicant and his family members, she was not allowed to go outside the house and was locked in a room. The applicant was tolerating all these harassment for months and narrated the incident to her mother and relatives too. 4. Applicant was acquainted with a friend before her marriage, the applicant's friend talked about marrying the applicant, to which the applicant said that we both belong to different castes, our marriage cannot happen, on saying this both the applicant and her friend separated and stopped talking. In the meantime, the applicant's friend's marriage was fixed and on the wedding day itself he died in an accident, the above information was told by the applicant to her husband and in-laws before marriage, then the non-applicant said that whatever was to happen in the past has happened, we have nothing to do with any past matters. 3 5. The non-applicant always suspected the applicant on the basis of what she told earlier and on the basis of this suspicion, he started mentally harassing the applicant by telling her that she had a relationship with the said male friend and harassed the applicant physically and mentally and obscenely. The respondent and his family members have always used abusive language. Further it is stated that the Non applicant and his family members continuously use to demand more dowry from the applicant and only then they will keep her. The applicant told them that her father does have financial capacity to give more dowry at that point of time the non-applicant and his family members sold all the gold ornaments given at the time of marriage and bought a land and thereafter asked her to bring more dowry. 6. The non-applicant continuously harassed her physically and mentally and thrown her from the matrimonial house on 14.02.2020 and after which the applicant made a complaint before the police authorities and since then she is living separately from the non-applicant in her parent's house. The non-applicant is earing Rs. 80,000- Rs. 1 Lakhs from running a mobile shop and has a residential house in Raipur. The Non-Applicant further has agricultural land from where he earns Rs 3 Lakhs annually. Further the non-applicant is not giving any maintenance to the applicant. The present applicant is not working and she is unable to maintain herself, for which the present applicant moved an application under section 125 Cr.P.C praying for maintenance from the non-applicant to the tune of twenty thousand rupees. 7. The respondent herein has filed the reply to the said application and 4 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 dismissed the application under Section 125 of CrPC filed by the applicant for grant of maintenance. Hence, this revision. 8. 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 the applicant was being ill treated and physical and mentally harassed by the respondent in the name of dowry, which make the applicant to live separately from the respondent. Therefore, the impugned order is contrary to the facts, and the same is liable to be modified. 9. 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 01.07.2024 passed by the learned Family Court, District – Rajnandgaon (C.G.) in Misc. Cr. Case No. 152/2021, whereby the learned Family Court, dismissed 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. 10. I have heard learned counsel for the parties, perused the pleadings and documents appended thereto. 11. 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 5 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. 12. Accordingly, the criminal revision being devoid of merit is liable to be and is hereby dismissed. 13. Let a certified copy of this order as well as original records be transmitted to the concerned trial Court for necessary compliance and follow up action, if any. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar