1 2026:CGHC:5039 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 204 of 2024 1 - Smt. Priyanka Mandle W/o Shri Dhaniram Mandle Aged About 31 Years (Now 33) Years, Resident - Durg, District Durg (C.G.), Present Address Father Shri Vijay Kumar Patle, Village Beltukari, P.S. Patora, Distt. Janjgir- Champa (C.G.) 2 - Darsh Mandle S/o Shri Dhaniram Mandle Aged About 2 Years (Now 4 Years), Minor, Through - Guardian Mother Smt. Priyanka Mandle W/o Shri Dhaniram Mandle, Aged About 31 (Now 33) Years, Resident - Durg, District Durg (C.G.), Present Address Father Shri Vijay Kumar Patle, Village Beltukari, P.S. Patora, District – Janjgir-Champa (C.G.) ... Applicants versus Dhaniram Mandle S/o Shri Dwarika Prasad Mandle Aged About 33 Years (Now 35) Years, Occupation - Steno, District Court, Durg, R/o Katulbord Satnam Chouk Ward No. 59, P.S. Durg, District Durg (C.G.) ---- Respondents For Applicant : Mr. Vipin Tiwari, Advocate. For Respondent : Mr. Purnendra Khichariya, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.01.2026 1. Heard Mr. Vipin Tiwari, learned counsel appearing for the applicant. Also heard Mr. Purnendra Khichariya, learned counsel for the respondent. 2. This Criminal Revision is being aggrieved of the order dated 05.01.2024 passed by the learned Family Court, Janjgir, District – Janjgir-Champa (C.G.) in MJC No. 27/2022, whereby the learned Family Court, partly allowed the application under Section 125 of the CrPC filed by the applicants, and directed the applicant that he has to RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 pay Rs. 3,000/- per month to the applicant No. 2 as maintenance. 3. The prosecution story in brief is that the marriage of the applicant No. 1 and the respondent was solemnized on 26.04.2018 at Village Beltukari P.S. Pantora District Janjgir-Champa (CG) as per Hindu Marriage Custom and the applicant No. 1 started residing with her husband / respondent; in her In law's house at Distt. Durg (CG), in this relation between the applicant No. 1 and respondent; the applicant No. 2 born on 25.06.2019 at Birthre Narsing Home Champa Distt. Janjgir-Champa (CG), the respondent and his family members were started demanding dowry from the applicant No. 1 and her family members and saying that she has not brought car in dowry, whereas the respondent is in government service, the respondent and his family members were started beating her and started mental and physical touchier, and the applicant No. 1 has been send her matrimonial house for her delivery after Holi festival in the year 2019, the applicant No. 2 born on 26.06.2019 and he was suffering with decease of Sickle cell, so the respondent and his family members were denying to accept the new born baby and they also started cruelty with him by abusing him, the respondent came to applicant's house to bring them after Diwali festival in the year 2020 but within a week he started Marpeet with her; after having the liquor and again left them to the applicant No. 1 father's house at Janjgir-Chamapa (CG), lastly the applicant No. 1 went to the respondents house on 04.10.2021 with her father but the respondent denied to keep the applicants in his house and so the applicants are residing at Janjgir-Chmpa (CG) since 04.10.2021, the applicant No. 1 has made a complaint against the respondent and his family members 3 on 12.10.2021 in police station Janjgir Distt. Janjgir-Champa (CG), the applicants were filed an application under section 125 of Cr.P.C. against the respondent for grant of maintenance of Rs. 15000/- per month from the respondent before the Learned Additional Principal Judge Family Court Janjgir Distt. Janjgir-Champa (CG) and stated entire incident with affidavit, the respondent has filed his reply on 18.08.2022 and he accepted some averments of the applicants and denied some averments made by the applicants. 4. The learned Family Court found that the applicant No.1 has not proved her case and the learned Family Court partially allowed the application and granted maintenance of Rs. 3,000/- per month in favor of applicant No. 2 and not for applicant No. 1 and thereby the learned Family Court passed impugned order. Hence, this revision. 5. Learned counsel appearing for the applicants submits that the impugned order is arbitrary and contrary to the evidence and documents submitted by the applicant. It is further submitted that due to ill treatment, physical and mental harassment treated by the respondent and his family members, the applicant No.1 is living separately from the respondent, and the harassment is just and sufficient ground for a lady to live separately from his husband. Therefore, the order of the Family Court 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 05.01.2024 passed by the learned Family Court, Janjgir, District – Janjgir-Champa (C.G.) in MJC No. 27/2022, whereby the learned Family Court, partly allowed the 4 application under Section 125 of the CrPC filed by the applicants, and directed the applicant that he has to pay Rs. 3,000/- per month to the applicant No. 2 as maintenance, and he further submits that there is no illegality and infirmity while passing the same. 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