Varun Gopal vs Smt. Shilpi Shrivastava
2021 Latest Caselaw 56 Chatt

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                                                                    NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                      Order Reserved on : 17.03.2021

                       Order Passed on : 07/04/2021

                           CR.R. No. 90 of 2017

Varun Gopal, S/o. Manmohan Gopal Shrivastava, aged about 30 years, R/o.
108 Luis Road, Forest Field Western Australia 6058, Permanent address W.Z.-
294/9, G Block, Jail Road, Harinagar, Delhi 110058.
                                                            ---- Applicant
                                 Versus
Smt. Shilpi Shrivastava, W/o. Varun Gopal Shrivastava, aged about 29 years,
R/o. Om Nivas, beside Manorama Dairy, Zora Talab, Sarkanda, Police Station
Sarkanda, District Bilaspur, Chhattisgarh.
                                                         ---- Respondent

AND CR.R. No. 1102 of 2019

Smt. Shilpi Shrivastava, W/o. Varun Gopal Shrivastava, aged about 29 years, R/o. Om Nivas, Jora Talab, Behind Manorama Dairy, Jora para, Sarkanda, Police Station Sarkanda, District Bilaspur, Chhattisgarh.

---- Applicant Versus Varun Gopal, S/o. Manmohan Gopal Shrivastava, aged about 30 years, R/o. 108 Luis Road, Forest Field Western Australia 6058. Indian Address : W.Z. 294/9, G-Block, Harinagar, Jail Road, Delhi 110058.

                                                         ---- Respondent


In Cr.R. No.90/2017

      For Applicant            : None present.
      For Respondent           : Mr. Shreyankar Nandey, Advocate with
                                 Respondent in person.
In Cr.R. No.1102/2019

      For Applicant            : Mr. Shreyankar Nandey, Advocate with
                                 Petitioner in person.
      For Respondent           : None present.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

C A V ORDER

07/04/2021

1. Both the revision petitions arise out of the same order, therefore,

they are being heard and decided by this common order.

2. Criminal Revision No. 90 of 2017 have been brought by the

applicant - Varun Gopal challenging the order dated 09.11.2016,

passed in M.J.C. No.14/2016, by the Additional Principal Judge,

Family Court, Bilaspur, whereby allowing the application of the

respondent under Section 125 of Cr.P.C. and granting

maintenance of Rs.1,00,000/- per month to the respondent.

Whereas, Criminal Revision No. 1102 of 2019 has been brought

by the applicant - Shilpi Shrivastava praying for enhancement of

the maintenance amount in the same order mentioned here-in-

above.

3. The applicant in Cr.R. No.90/2017 shall be referred to as the

applicant and the applicant in Cr.R. No. 1102 of 2019 shall be

referred to as the respondent in this order.

4. There is no appearance on behalf of the applicant and therefore,

there is no submission made.

5. Counsel for the respondent submits that the impugned order is

sustainable. Although the respondent has been granted

maintenance by this order, but she has separately filed a revision

petition praying for enhancement in the same. Relying on the

judgment of Supreme Court in case of Rajnesh Vs. Neha & Ors.,

reported in 2021 (2) SCC 324, it is submitted that the applicant

has no entitlement to challenge the impugned order. Therefore,

this petition be dismissed.

6. Counsel for the respondent submits that the maintenance granted

by the impugned order is not befitting to the status, the respondent

had enjoyed, when she was living with the applicant. Reliance has

been placed on the judgment of Supreme Court in case of Kalyan

Dev Chowdhury Vs. Rita Dev Chowdhury Nee Nandy, reported

in (2017) 14 SCC 200, in which, it was held that 25% of the

husband's net salary is just and proper to be awarded as

maintenance to the wife. The respondent had produced the

evidence in support of her statement in application and proved

that the applicant has income of Rs.8.00 lakhs per month from all

the sources, which has remained unrebutted. Reliance has also

been placed on the judgment of Delhi High Court in case of Babita

Bisht Vs. Dharmender Sngh Bisht, passed in Criminal Rev.P.

No. 456 of 2015, decided on 29.05.2019, according to which, the

wife is entitled for maintenance of 30% of the net salary of the

husband, therefore, it is prayed that the maintenance granted to

the respondent is liable to be enhanced.

7. Respondent Varun Gopal (applicant) in Cr.R. No.90 of 2017 is

again unrepresented, therefore, there is no submission and no

opposition on his behalf.

8. Considered on the submission. There is unrebutted statement of

the respondent before the Family Court that the applicant is

employee of Woolworth Petroleum Perth Westfield in Australia,

who is drawing monthly salary, which is equivalent to

Rs.4,25,000/- per month. Regarding other statement made that

the applicant has other rental income from the property in his

name is not supported with any documentary evidence, therefore,

the statement regarding other income of the applicant can not be

taken into consideration as it is. Hence, it is only the income of the

applicant through salary from his employment is to be taken into

consideration.

9. Agreeing with the judgment of Delhi High Court in case of Babita

Bisht (supra), 30% of the amount of salary as mentioned here-in-

above shall be the proper amount of maintenance, which may be

awarded to the respondent, which shall be Rs.1,27,500/-. Hence, it

is held that the respondent is entitled for enhancement as per this

calculation made.

10. Accordingly, Cr.R. No. 90/2017 is found to be without any

substance, hence, it is dismissed. Cr.R. No. 1102 of 2019

deserves to be allowed on the basis of the discussions made

here-in-above. Hence, it is allowed. Maintenance granted to the

respondent by the impugned order is now enhanced to

Rs.1,27,500/- per month, which shall be payable from the date the

learned Family Court has ordered for such payment.

Sd/-

(Rajendra Chandra Singh Samant) Judge

Balram