Chattisgarh High Court
Gulam Sarwar vs Smt. Gulafsan Alias Farzana on 23 June, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2025:CGHC:27057
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 744 of 2025
Gulam Sarwar S/o Hazi Gualm Master Aged About 62 Years R/o Ward No.01,
Loco Colony, Near Santoshi Mata Mandir, Manendragarh, District M.C.B.,
C.G.
... Revisioner/Non-applicant
versus
Smt. Gulafsan Alias Farzana W/o Gulam Sarwar Aged About 50 Years R/o
Ward No.06, Near Arab Baba, Maiharpara, Manendragarh, District M.C.B.
C.G
... Respondent / applicant
For Petitioner : Mr. Hemant Kumar Agrawal, Advocate.
For Respondent : None
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
23.06.2025
1. Heard Mr. Hemant Kumar Agrawal, learned counsel appearing for the applicant. No one present on behalf of the respondents.
2. This Criminal Revision has been preferred by applicant/husband under Section 19 (4) of The Family Courts Act, 1984 read with Sections 438 & 442 of the Bhartiya Nagrik Suraksha Sanhita, 2023 challenging the 2 impugned order dated 20.01.2025 (Annexure R-1) passed by the Judge, Family Court, Manendragarh, District Koriya in Misc. Criminal Case No. 10/2024, whereby the learned Family Court, Manendragarh, District Koriya has allowed the application under Section 127 of the Cr.P.C. filed by respondent/wife and it is ordered that applicant/husband will pay maintenance amount of Rs. 6,000/- per month to the respondent/wife instead of Rs.4,500/- per month from January, 2025.
3. Facts of the case, in nutshell, are that the applicant and respondent are legally married husband & wife. Earlier, Family Court, Manendragrah, vide order dated 15.03.2012 passed in Misc. Criminal Case No. 49/2009, granted maintenance to the tune of Rs.1,000/- per month in favour of respondent / wife and against the applicant /husband. Subsequently, in Case No. 102/2013, vide order dated 08.10.2015, the same was enhanced to Rs. 1,800/- per month, thereafter, in case No. 112/2015, vide order dated 11.08.2016, enhanced the same from Rs.1,800/- per month to Rs.3,000/- per month and in Misc. Criminal Case No. 22/2021, vide order dated 08.07.2021, granted maintenance to the tune of Rs. 4,500/- per month to the respondent wife.
4. Further, the respondent has filed an application under Section 127 of the Cr.P.C. for enhancement of the amount of maintenance stating that in previous two years, there has been increase in the inflation rate and that she usually remains sick, as such, in such circumstances, she is unable to maintain herself in the maintenance amount of Rs.4,500/- per month granted to her vide order dated 08.07.2021. She has further averred in the said application that applicant is a capable person, who 3 runs Truck and he receives rent from his house and thereby he earns Rs. 70,000/- per month.
5. The revisioner / applicant / husband has filed his reply to the aforesaid application, in which, he has denied all the substantive pleadings made by non-applicant/wife. It is stated that the non-applicant/wife has not produced any document regarding her ill health. It is averred that CG Government distributed medicines through mobile vans and doctors do the free checkups and all the medicines are available in government hospital as well. It is further averred that wife/respondent herein has a Ration Card, from which, she gets 35 kgs. Rice, salt, Sugar etc. every month. It is stated that husband/revisioner herein does not have any Truck and also does not have any income from the rented house. It is further stated that His mother, who is aged about 85 years, resides with him and he has a son also. It is further averred that revisioner/ husband is 62 years old and he is unable to do any job, whereas, the respondent /wife resides alone and she has no liability to maintain any other person except herself.
6. Learned Family Court, vide its impugned order dated 20.01.2025, after appreciating the oral and documentary evidence available on record, has enhanced the amount from Rs. 4,500/- to the tune of Rs. 6,000/- per month. Hence, this criminal revision.
7. Learned counsel appearing for the applicant submits that the learned revisional Court has committed an error in law in allowing the application under Section 127 of the Cr.P.C. seeking enhancement of the amount of maintenance to the tune of Rs. 6,000/- per month, as no 4 specific ground has been raised by the respondent / wife for enhancement of the amount of maintenance already awarded to her. He further submits that applicant / husband is already continuously paying maintenance of Rs.4,500/- per month to the respondent/wife, therefore, she is not entitled to any relief, as the entire case for enhancing maintenance has been filed just in order to mentally and financially harass the husband / applicant. Further, the respondent/wife has also failed to substantiate her pleading regarding rented premises and the applicant/husband is already taking care of old aged mother and his son & one brother, who is mentally retarded. As such, it is prayed that impugned order dated 20.01.2025 passed by Family Court, Manendragarh, District Koria enhancing the amount of maintenance to the tune of Rs.6,000/- per months may be set-aside / quashed by allowing the instant criminal revision.
8. None for the respondent to argue the matter.
9. I have heard learned counsel for the applicant, perused the pleadings and documents appended thereto.
10. Considering the submissions advanced by the learned counsel for the applicant, and from the perusal of the impugned judgment passed by the learned Family Court, Manendragarh, District Koriya, it transpires that after hearing all the statements of the witnesses and perusing the evidence available on record, and particularly considering the fact that applicant has admitted in his cross-examination that his mother is living with him, who is getting pension of Rs.22,500/- per month and the fact that in previous two years, there has been increase in the inflation and price index now a days, the learned Family Court has not committed 5 any illegality or infirmity in the order impugned enhancing the amount of maintenance to the tune of Rs.6,000/-, hence, the same is hereby affirmed.
11. Accordingly, the criminal revision, being devoid of substance, is liable to be and is hereby dismissed.
12. Registrar (Judicial) of this Court is directed to send a certified copy of this order to the concerned trial Court forthwith for necessary compliance and follow up action, if any.
Sd/-
(Ramesh Sinha)
Chief Justice
amita
AMITA Digitally signed by AMITA
DUBEY
DUBEY Date: 2025.06.30 19:19:18
+0530