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
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
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
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
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
