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2026 DAILYLAW 37823 (CHH)

OMPRAKASH CHANDRAKAR v. SMT. INDUMANI CHANDRAKAR

CRR/1320/2026 · 2026-09-29

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 CGHC010384762026 2026:CGHC:42519 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1320 of 2026 1 - Omprakash Chandrakar S/o Khemlal Chandrakar, Aged About 36 Years R/o In Front Of K. D. Hostel Gali, Village Chandkhuri, Police Station Pulgaon, District Durg C.G. ... Applicant versus 1 - Smt. Indumani Chandrakar W/o Shri Omprakashn, Aged About 30 Years Resident Of Present Address D/o Shri Narayan Chandrakar's House, Baigapara, Near Shitla Mandir, Durg, Tahsil And District Durg C.G. ... Respondent (cause title downloaded from CIS Periphery) For Applicant : Mr. C.R. Sahu, Advocate. For Respondent : - (Hon’ble Shri Justice Naresh Kumar Chandravanshi ) Order on Board 30/09/2026 1. Heard on admission. 2. This Criminal Revision has been preferred by the applicant under Section 19(4) of the Family Courts Act, 1984, against the impugned order dated RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2026.10.01 16:14:03 +0530 2 06.08.2026 passed by the learned First Additional Principal Judge, Family Court, Durg (CG) in Criminal MJC No.541/2026 (Smt. Indumani Chandrakar vs. Omprakash Chandrakar), whereby learned Family Court has awarded interim maintenance of Rs.10,000/- per month in favour of respondent/wife. 3. Learned counsel for the applicant submits that, though in the reply (Annexure A-3), the applicant has admitted that he owns 11 acres of agricultural land, the said land is joint family property, therefore, the income of Rs.6,60,000/- derived from the aforesaid land is not the personal income of the applicant/husband. Rather, after deducting expenses incurred towards agricultural work, his annual income is only Rs.2,25,000/-. He further submits that respondent/wife was employed prior to her marriage and subsequently left the job. Hence, he prays that the interim maintenance granted by learned Family Court may suitably be reduced. 4. Heard learned counsel for the applicant and perused the material available on record, including a copy of the reply (Annexure A-3) filed by the applicant/husband. 5. In the reply (Annexure A-3), the applicant/husband has stated that he has monthly income of about Rs.15,000/- from agricultural work and other work. He has also stated in his reply that he owns 11 acres of agricultural land and also cultivates 9 acres land of land taken on rent. Thus, according to his own statement, he receives an annual income of Rs.12 lakhs from agriculture on 20 acres of land. Though he has also mentioned expenditure incurred by him towards agricultural work, considering the income disclosed by him in his own reply, the monthly interim maintenance of Rs.10,000/- awarded in favour of the respondent/wife cannot be said to be on the higher side. 3 6. In view of the above discussion, this Court is not inclined to admit the instant Criminal Revision. Hence, the same is dismissed at the motion stage. 7. Pending interlocutory application(s), if any, stands disposed of. No order as to cost(s). Sd/- (Naresh Kumar Chandravanshi) Judge Rukhsar