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2026 DAILYLAW 27128 (CHH)

SMT. SHEETAL SONI v. PANKAJ KUMAR SONI

CRR/880/2026 · 2026-07-14

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Judgment text

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1 CGHC010258512026 2026:CGHC:29933 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 880 of 2026 Smt. Sheetal Soni W/o Shri Pankaj Kumar Soni Aged About 28 Years R/o Mahamayapara, Sitapur, Tahsil And P.S.- Sitapur, District- Sarguja (Chhattisgarh) ... Applicant versus Pankaj Kumar Soni S/o Shri Vishwanath Soni Aged About 30 Years Resident Of Near Bus Stand, Panikapara, Patna, Tehsil And P.S. Patna, District- Koriya, Chhattisgarh ---- Respondents For Applicant : Mr. Vivek Kumar Agrawal, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.07.2026 1. Heard Mr. Vivek Kumar Agrawal, learned counsel appearing for the applicant. 2. This Criminal Revision is being aggrieved of the order dated 07.04.2026 passed by the learned Family Court, Ambikapur, District – Sarguja (C.G.) in M.J.C. No. 99/2025, whereby the learned Family Court, dismissed the application under Section 125 of CrPC filed by the applicant for grant of maintenance. 3. The prosecution story in brief is that the marriage between the applicant/wife and the respondent/husband was solemnized on 18.04.2024 at Gayatri Mandir, Patna, District Koriya, in accordance with Hindu rites and customs. On 19.04.2024, when the applicant entered the matrimonial home, the respondent's mother fell ill. Thereupon, the respondent's mother started blaming the applicant by RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 alleging that her illness had occurred immediately after the applicant's arrival in the matrimonial home. The respondent as well as his father supported such allegations and subjected the applicant to mental harassment. Thereafter the respondent and his parents started harassing and ill-treating the applicant on the ground that she had brought insufficient dowry. They demanded that she should procure a sum of Rs.10,00,000/- (Rupees Ten Lakhs) and a Bolero vehicle from her parental family so that they could expand their grain business and establish a separate shop dealing in gold and silver ornaments. The applicant's parents had already performed the marriage according to their financial capacity and had provided household articles, gold and silver ornaments and other customary gifts besides bearing the entire expenses of the marriage. Despite the same, the respondent persistently subjected the applicant to physical assault, cruelty and humiliation and repeatedly compelled her to bring cash and a Bolero vehicle from her parental home. 4. Upon the applicant expressing her inability to fulfill the unlawful demands, the respondent assaulted her and forcibly drove her out of the matrimonial home with the active support and encouragement of his parents. It is further submitted that whenever the applicant fell ill, the respondent neglected and refused to provide her with medical treatment. Consequently, the applicant was constrained to inform her mother over the telephone, whereupon her mother and brother, Shivam Soni, on several occasions came from Patna and took her to Holy Cross Hospital, Ambikapur, where she received medical treatment. Even during such illness, the respondent and his parents continued to subject the applicant to cruelty and compelled her to perform all 3 household chores without regard to her medical condition. On 31.12.2024, the respondent and his parents, acting in concert, abused the applicant in filthy language, physically assaulted her and threatened to kill her. During the said incident, the respondent's mother pulled the applicant by her hair and forcibly expelled her from the matrimonial home. Immediately thereafter, the applicant informed. Shri Dhirendra Soni @ Golu, President of the Sonar Samaj, Patna, and Shri Suresh Soni, Head of the Sonar Samaj, Village Dumardih, over the telephone regarding the incident. The applicant also informed her mother telephonically and expressed apprehension that her life was in danger if she continued to remain at the matrimonial home. Thereafter, the applicant's mother came from Patna and took her back to her parental home. 5. The applicant lodged a complaint before the Mahila Police Station, Ambikapur, pursuant to which Criminal Case No. 4598/2025, came to be registered against the respondent and his family members. The said criminal proceedings are presently pending before the Court of the Judicial Magistrate First Class, Ambikapur. Ever since 31.12.2024, the applicant has been residing at her parental home. She has no independent source of income and is entirely dependent upon her parents for her maintenance and day-to-day expenses. On the other hand, the respondent is carrying on a flourishing grain business at Patna involving the purchase and sale of rice, wheat, oil-seeds and pulses and is earning several lakhs of rupees per month. Furthermore, the respondent's father is employed as a Teacher at Katkona, earning approximately Rs.85,000/- per month, apart from deriving an annual income of approximately Rs.2,00,000/- to Rs.3,00,000/- from 4 agricultural lands. In view of the aforesaid facts and circumstances, the applicant is legally entitled to receive maintenance from the respondent. Accordingly, she prayed that the respondent be directed to pay a sum of Rs.20,000/- (Rupees Twenty Thousand only) per month towards the applicant's maintenance. 6. The respondent herein has filed the reply to the said application and 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. 7. 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 mentally harassed by the respondent, which made the applicant to live separately from the respondent and the same is sufficient ground for a wife to live separately. Therefore, the impugned order is contrary to the facts, and the same is liable to be modified. 8. I have heard learned counsel for the applicant, perused the pleadings and documents appended thereto. 9. Considering the submissions advanced by the learned counsel for the applicant, 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 5 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. 10. Accordingly, the criminal revision being devoid of merit is liable to be and is hereby dismissed. 11. 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