1 CGHC010341762025 2026:CGHC:36275 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 977 of 2025 1 - Smt. Sheela Banjare W/o Kailash Prakash Banjare Aged About 38 Years R/o Village- Silpahri Ward No. 18 Ps Sirgitti Tahsil And District- Bilaspur (C.G.) 2 - Kumari Rashi Banjare D/o Kailash Prakash Banjare Aged About 13 Years Natural Guardian Mother Namely Smt. Sheela Banjare W/o Kailash Prakash Banjare, R/o Village- Silpahri Ward No. 18 Ps Sirgitti Tahsil And District- Bilaspur (C.G.) 3 - Kumari Sakshi Banjare D/o Kailash Prakash Banjare Aged About 8 Years Natural Guardian Mother Namely Smt. Sheela Banjare W/o Kailash Prakash Banjare, R/o Village- Silpahri Ward No. 18 Ps Sirgitti Tahsil And District- Bilaspur (C.G.) ... Applicant(s) versus Kailash Prakash Banjare S/o Shri Dharam Prakash Banjare Aged About 41 Years R/o Village- Silpahri Ward No. 18 Ps Sirgitti Tahsil And District- Bilaspur (C.G.) ... Non-applicant(s) For Applicant(s) : Mr. Dheerendra Pandey, Advocate. For Non-applicant(s) : Mr. Kunwar Sahu, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 14 /08/2026 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 1. The present criminal revision has been preferred by the applicants assailing the order dated 23.07.2025 passed by the learned First Additional Principal Judge, Family Court, Bilaspur (C.G.) in M.J.C. No.615/2024, whereby the learned Family Court, while deciding the application for grant of interim maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, directed the respondent to pay Rs.3,000/- per month to applicant No.1/wife, Rs.1,500/- per month to applicant No.2 and Rs.500/- per month to applicant No.3, from the date of passing of the order. Being dissatis;ed with the quantum of interim maintenance so awarded, the applicants have preferred the present revision petition. 2. Brief facts of the case are that it is an admitted fact in the present case that the marriage between the respondent and applicant No. 01 was solemnized in the year 2011 and out of their wedlock, applicant Nos. 02 and 03 were born. The applicants, in the said application for interim maintenance, have pleaded that the marriage of applicant No. 01 was solemnized in the year 2011 according to Hindu rites and customs at Village Thadga Bahra, Ward No. 02, Police Station Baloda, District Janjgir (C.G.). Out of the wedlock of the applicant No.1 and the respondent, two daughters, namely, Kum. Rashi Banjare and Sakshi Banjare, were born. The respondent used to assault and abuse the applicant No.1 repeatedly by saying that she was giving birth only to girls and that no son had been born. Due to the desire of the respondent to have a male child, the applicant No.1, during her third pregnancy, had to 3 undergo removal of her uterus in order to save her life. The respondent also used to assault and threaten the applicant by saying that he would contract a second marriage. The respondent is having an illicit relationship with another woman, namely, Premlata Ratre, and is residing with her after leaving the matrimonial home in a rented house at another place. A complaint regarding the assault and cruelty committed by the respondent upon the applicant No.1 was lodged at Mahila Police Station, Bilaspur, on 15.04.2024, and another complaint was lodged at Police Station Sirgitti, District Bilaspur, on 15.04.2025. At present, the applicant No.1 and her children have no su?cient means for their maintenance. The respondent is a Government Railway employee and earns a monthly salary of Rs.50,000/- (Rupees Fifty Thousand only). Hence, it has been prayed that interim maintenance of Rs.40,000/- per month be awarded to the applicants from the respondent. 3. In his reply, the respondent admitted his marriage with the applicant, the birth of two daughters and his employment in the Railways and pleaded that the applicant and her brother used to assault him and threaten to kill him. Whenever he protested, the applicant's brother threatened to implicate him in a false criminal case and send him to jail. About one year ago, the applicant No.1 publicly caught hold of the respondent by his collar and assaulted him in the village square. The respondent loves both his daughters very much and bears all their expenses, including clothing, school fees, bus fees, and other necessary expenses. The respondent has never assaulted the applicant No.1 or threatened her by saying that 4 he would contract a second marriage. The applicant No.1 is a woman of extremely cruel and suspicious nature. In collusion with her brother, who is serving in the Police Department, the applicant No.1 got false reports lodged against the respondent at Mahila Police Station, Bilaspur, and Police Station Sirgitti. After all deductions, the respondent receives a salary of Rs.31,735/-. Therefore, it was prayed that the application ;led by the applicants, being devoid of substance, be dismissed. 4. After considering the pleadings of the parties, the material placed on record and the submissions advanced on their behalf, the learned Family Court partly allowed the application for interim maintenance and directed the respondent to pay Rs.3,000/- per month to applicant No.1, Rs.1,500/- per month to applicant No.2 and Rs.500/- per month to applicant No.3, from the date of passing of the order. Being dissatis;ed with the quantum of interim maintenance so awarded, the applicants have preferred the present revision petition. 5. Learned counsel for the applicants submits that the learned Family Court has committed a manifest error in awarding a meagre amount towards interim maintenance despite the respondent having su?cient income. It is submitted that the respondent is a salaried employee and is drawing monthly salary much higher than what has been taken into consideration by the learned Family Court. It is further submitted that the learned Family Court failed to appreciate that applicant No.1 is residing separately for su?cient reasons and that the respondent has neglected to maintain the applicants. It is 5 also contended that the respondent did not produce complete particulars of his income before the learned Family Court and the quantum of interim maintenance awarded is wholly inadequate to meet even the basic needs of applicant No.1 and the two minor children. Therefore, it is prayed that the impugned order deserves to be modi;ed by suitably enhancing the amount of interim maintenance awarded in favour of the applicants. 6. Per contra, learned counsel appearing for the respondent, while supporting the impugned order, submits that the learned Family Court has passed a well-reasoned and justi;ed order after considering the material available on record. It is submitted that applicant No.1 had voluntarily left the matrimonial home without any su?cient or justi;able cause and therefore, she is not entitled to claim enhanced interim maintenance. It is further submitted that applicant No.1 along with her brother had assaulted and threatened the respondent with false criminal prosecution. Learned counsel further submits that applicant No.1 along with applicant Nos.2 and 3 is residing in the matrimonial house with the respondent's mother and is also receiving Rs.11,000/- per month towards rent from another house belonging to the respondent. It is contended that the respondent is drawing a monthly salary of Rs.31,732/- only and not Rs.1,00,000/- as falsely alleged by the applicant No.1. It is further submitted that the respondent is regularly bearing the educational expenses of both the children by paying their school fees and bus charges every month. According to the respondent, the learned Family Court has awarded just and reasonable interim maintenance 6 keeping in view the income and liabilities of the respondent and, therefore, no interference is called for in the impugned order. Accordingly, it is prayed that the present criminal revision deserves to be dismissed. 7. I have heard learned counsel for the parties, perused the impugned order and other documents appended with criminal revision. 8. From perusal of the impugned order, it transpires that the learned Family Court, after considering the pleadings of the parties, the material available on record and the ;nancial status of the respondent, partly allowed the application for interim maintenance and directed the respondent to pay Rs.3,000/- per month to applicant No.1, Rs.1,500/- per month to applicant No.2 and Rs.500/- per month to applicant No.3 from the date of passing of the order. The order impugned is only an order granting interim maintenance, which has been passed on a prima facie assessment of the material available on record and is subject to the ;nal adjudication of the proceedings pending before the learned Family Court. 9. Considering the submissions advanced by the learned counsel for the parties and perusing the impugned order and the ;nding recorded by the learned Family Court, I am of the view that the Family Court concerned has not committed any illegality or in;rmity or jurisdictional error in the impugned order warranting interference by this Court. 10. Accordingly, the prayer made to quash the impugned order is refused. 7 11. However, the present revision is disposed of with the direction that the concerned Family Court is at liberty to conclude the proceedings under Section 144 of BNSS, preferably within a period of one month from today, if already not concluded. 12. Registrar (Judicial) is directed to transmit a certi;ed copy of this order to the concerned Family Court for necessary compliance and follow up action. Sd/- (Ramesh Sinha) Chief Justice Kunal