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2026 DAILYLAW 17900 (CHH)

KRISHNA KUMAR CHANDRA v. SMT. ANITA CHANDRA

CRR/1236/2025 · 2026-03-01

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:10809 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1236 of 2025 1 - Krishna Kumar Chandra S/o Shri Pramod Kumar Chandra Aged About 36 Years Resident- Pasid, Tehsil- Saragarh, District- Saragarh-Bilaigarh (C.G.) 2 - Pramod Kumar Chandra S/o Yadram Chandra Aged About 67 Years Resident- Pasid, Tehsil- Saragarh, District- Saragarh-Bilaigarh (C.G.) 3 - Laxmin Bai Chandra W/o Pramod Kumar Chandra Aged About 64 Years Resident- Pasid, Tehsil- Saragarh, District- Saragarh-Bilaigarh (C.G.) 4 - Kumar Chandra S/o Pramod Kumar Chandra Aged About 46 Years Resident- Pasid, Tehsil- Saragarh, District- Saragarh-Bilaigarh (C.G.) 5 - Smt. Nima Chandra W/o Kumar Chandra Aged About 38 Years Resident- Pasid, Tehsil- Saragarh, District- Saragarh-Bilaigarh (C.G.) ... Applicants versus Smt. Anita Chandra W/o Krishna Kumar Chandra D/o Pramod Chandra Aged About 28 Years Resident - Paseeda, Tehsil- Saragarh, District- Saragarh- Bilaigarh (C.G.) ... Respondent (Cause-title is taken from CIS) SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2026.03.03 17:02:47 +0530 2 For Applicants : Mr. Gajanand Ratre, Advocate For Respondent : Mr. Kanhaiya Ram Yadav, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 02/03/ 2026 1. The present revision has been filed under Sections 438 and 442 of the BNSS, challenging the order dated 23.08.2025 passed by the Second Additional Sessions Judge, Sakti, District Janjgir Champa, in Criminal Appeal No.34/2025, affirming the order dated 02.12.2024 passed by the JMFC, Jaijaipur, District Janjgir-Champa, in Misc. Criminal Case No.27/2023, granting interim maintenance of Rs.3,000/- to the respondent-wife from Applicant No.1-husband, payable by the 10th of every month. 2. Learned counsel for the applicants submits that the respondent-wife without any justifiable reason, chosen to reside separately at her parental home. The applicant No.1-husband is ready to keep her with him. The husband has no regular source of income and is not engaged in any gainful employment. Hence, it is prayed that the revision may be allowed and the impugned order may be set-aside. 3. On the other hand, learned Counsel appearing for the Respondent-wife submits that the impugned order passed by learned 2nd Additional Sessions Judge is just and proper and requires no interference. 4. Learned 2nd Additional Sessions judge after appreciating pleadings of both the parties as well as oral and documentary evidence available on record held that applicant No.1-husband is a healthy person, who has the primary responsibility of taking care of his wife and children. As per the circumstances revealed in the case, the respondent-wife is living in 3 her maternal home. The wife has any source of earning income or she is earning income, no documentary evidence or affidavit has been produced by the husband in rebuttal to this. Hence, the learned 2nd Additional Sessions Judge has affirmed the order dated 02.12.2024 passed by learned JMFC, Jaijaipur, District Janjgir-Champa, granting interim maintenance of Rs.3,000/- to the respondent-wife from Applicant No.1-husband, payable by the 10th of every month. 5. Having carefully examined the impugned order, I find no perversity, illegality, or inconsistency in the findings recorded by the learned 2nd Additional Sessions Judge. 6. I find no merit in the revision. Accordingly, the same is dismissed at motion stage itself. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham