1 2026:CGHC:5040 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 244 of 2024 1 - Mayuraj Sahu S/o Sanad Kumar Sahu Aged About 8 Years Minor Represented Through Mother Hemlata Sahu, Aged About 32 Years, Wife Of Sanad Kumar, R/o Behind Old Hospital , Ward No. 5 Shaktipara, Balodabazar, At Present R/o Dhandhani, Post Office- Semhradih, Tahsil- Balodabazar, District Balodabazar-Bhatapara, Chhattisgarh. 2 - Vaidehi Sahu D/o Sanad Sahu Aged About 5 Years Minor Represented Through Mother Hemlata Sahu, Aged About 32 Years, Wife Of Sanad Kumar, R/o Behind Old Hospital , Ward No. 5 Shaktipara, Balodabazar, At Present R/o Dhandhani, Post Office- Semhradih, Tahsil- Balodabazar, District Balodabazar-Bhatapara, Chhattisgarh. ... Applicant(s) versus Sanad Kumar Sahu S/o Chhabiram Sahu Aged About 38 Years R/o Behind Old Hospital, Ward No. 5 Shaktipara, Balodabazar, Tahsil- Balodabazar, District Balodabazar-Bhatapara, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Roop Ram Naik, Advocate For Respondent(s) : Mr. Amit Kumar Chaki, Advocate KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 29.01.2026 1. The applicant has filed this criminal revision against the order dated 21.12.2023 passed by the Family Court, Balodabazar, District – Balodabazar-Bhatapara (C.G.) in Misc. Criminal Case No.145/2022, whereby the learned Family Court has partly allowed the application under Section 127 of the Cr.P.C. of the applicants and enhanced maintenance from Rs.7000/- per month to Rs.10,000/- per month. 2. Brief facts of the revision are that the applicants, who are son and daughter of the non-applicant, had earlier preferred an application under Section 125 of the Cr.P.C. seeking grant of maintenance, wherein a compromise was arrived at between the parties and, on the basis of the said compromise, the learned Family Court passed an order dated 12.02.2020 in Misc. Criminal Case No. 13/2019 directing the non-applicant to pay a sum of Rs. 7,000/- per month towards maintenance of the applicants. Thereafter, due to change in circumstances, the applicants filed an application under Section 127 Cr.P.C. seeking enhancement of maintenance on the ground that they are studying in Sacred Heart High School, Balodabazar, incurring substantial educational expenses including school fees, transportation, books, uniforms, sports and other day- to-day necessities, and further contended that due to rising prices of food grains and essential commodities, the amount of Rs. 3 7,000/- had become wholly insufficient, therefore prayed for enhancement of maintenance to Rs. 20,000/- per month. The non- applicant filed his reply denying any change in circumstances and contended that the existing amount was sufficient; however, after hearing both the parties, the learned Family Court, vide impugned order dated 21.12.2023, partly allowed the application under Section 127 Cr.P.C. and enhanced the maintenance amount only from Rs. 7,000/- to Rs. 10,000/- per month, which is still inadequate and insufficient in the present socio-economic conditions, giving rise to the present revision. 3. Learned counsel for the applicant submits that the impugned order dated 21.12.2023 passed by the learned Family Court is bad in law, contrary to facts and evidence on record and, therefore, liable to be set aside, inasmuch as the learned Family Court has failed to properly appreciate that the applicants are school-going children studying in Sacred Heart High School, Balodabazar, and are incurring substantial educational expenses, including annual school fees of applicant No.1 amounting to Rs. 30,680/- excluding transportation charges and the fees of applicant No.2 amounting to Rs. 28,400/- excluding transportation charges, besides expenses towards school bus, books, tuition fees, uniforms, sports, food and other co-curricular activities, and further failed to consider the prevailing rise in prices of food grains and essential commodities, due to which the enhanced maintenance of Rs. 10,000/- per month is grossly insufficient; it is 4 further submitted that the learned Family Court did not duly consider the financial capacity of the non-applicant, who is a government servant drawing a monthly salary of about Rs. 48,000/-, is also holding agricultural land and earning income therefrom, and whose father is a pensioner, therefore he has no financial liability towards his father, whereas the mother of the applicants has taken a house loan and is paying Rs. 10,000/- per month towards repayment. Thus, in view of the clear change in circumstances and increasing educational and day-to-day requirements of the applicants, the maintenance amount ought to have been enhanced to Rs. 20,000/- per month, especially considering that the applicants, being children of the non- applicant, are legally entitled to maintain a standard of living commensurate with that of their father. 4. Learned counsel for the respondent submits that the Family Court after considering all the documents and evidence adduced by the parties has passed the order, in which no interference is called for. 5. I have heard learned counsel for the parties, perused the impugned order and other documents appended with criminal revision. 6. From perusal of the impugned order, it transpires that the Family Court has partly allowed the application under Section 127 of Cr.P.C. filed by the applicants and has enhanced maintenance from Rs.7000/- per month to Rs.10,000/- per month, observing the 5 income, social and economic status of both the parties and current price index, which cannot be said to be on lower side. 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. 8. Accordingly, the revision being devoid of merit is liable to be and is hereby dismissed. Sd/- (Ramesh Sinha) Chief Justice Kunal