Raju Sahu vs Shweta Rani Sahu

When the passed over case is called out for hearing second time, none present for the applicants. No representation is made.

The applicants have filed this criminal revision against the order dated 4.1.2022 passed by the Judge, Family Court, Rajnandgaon in Case No.72/2021, whereby Family Court has granted interim maintenance to the tune of Rs.3000/- per month to respondent No.1/wife and Rs.1000/- per month to respondent No.2/minor daughter.

Brief facts of the case are that the respondents have filed an application under Section 125 of the CrPC claiming maintenance of Rs.10,000/- per month from the applicant on the ground that the applicant immediately after marriage started harassing to respondent No.1, so in such circumstances, respondent No.1 is living separately. The applicant, who is working as Constable in 21st Battalion and earned Rs.42,000/- per month, is neglecting to maintain respondent No.1/wife and minor daughter. The respondents are not able to maintain themselves. So, such an application was filed, in which application for maintenance was also filed. After hearing learned counsel for both the parties, the Family Court has passed the impugned order.

In the instant revision, the impugned order was challenged by the applicant on the ground that allegation made against him is false and respondent No.1/wife is residing separately without any rhyme and reason. The applicant is also having certain liabilities. So, interim maintenance as fixed by the Family Court is on higher side. Respondent No.1/wife is qualified nurse and also having experience of 5 years in private hospital and she is able to maintain herself. The applicant is earning Rs.19.496/- per month only. So, prays to allow the instant revision and set aside the impugned order.

Mr.S.S.Baghel, learned counsel for the respondents, would support the impugned order.

Having considered the submission of learned counsel for the respondents and also perusing the grounds raised in this criminal revision as the Family Court upon considering all the aspects particularly that the applicant is working as Constable, relation of the respondents with the applicant is not disputed, so the applicant is having legal and moral liability to maintain his wife and minor daughter. As such, interim maintenance to the tune of Rs.3000/- per month to respondent No.1/wife and Rs.1000/- per month to respondent No.2/minor daughter is not on higher side, which calls for any interference. Accordingly, the impugned order is affirmed.

Resultantly, the criminal revision being bereft of any merit is liable to be and is hereby dismissed.