Chattisgarh High Court
Rajesh Minj vs Smt. Anupa Bada on 25 June, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2025:CGHC:27744
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 764 of 2025
1 - Rajesh Minj S/o Shri Prabal Minj Aged About 30 Years R/o Jameera,
Khalpara, Post Pataura, Police Station Dhaurpur, Tahsil Lundra District
Sarguja (C.G.)
... Applicant
versus
1 - Smt. Anupa Bada W/o Shri Rajesh Minj Aged About 21 Years D/o Sri
Mukutdan Bada, R/o Village Jameera, Khalpara, Post Patora, Police Station
Dhaurpur, Tahsil Lundra, District Sarguja (C.G.) Presently Resided At Village
Mohanpur, Police Station And Tahsil Darima, District Sarguja (C.G.).
2 - Kumari Nainsi Minj D/o Shri Rajesh Minj Aged About 2 Years Minor
Through Natural Guardian Mother, Smt. Anupa Bada, R/o Village Jameera,
Khalpara, Post Patora, Police Station Dhaurpur, Tahsil Lundra, District
Sarguja (C.G.) Presently Resided At Village Mohanpur, Police Station And
Tahsil Darima, District Sarguja (C.G.).
3 - Kumari Nimmi Minj D/o Shri Rajesh Minj Aged About 7 Years Minor
Through Natural Guardian Mother, Smt. Anupa Bada, R/o Village Jameera,
Khalpara, Post Patora, Police Station Dhaurpur, Tahsil Lundra, District
Sarguja (C.G.) Presently Resided At Village Mohanpur, Police Station And
Tahsil Darima, District Sarguja (C.G.).
... Non-applicant
For Applicant : Mr. A.K. Yadav, Advocate.
For Respondents : None
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
25.06.2025
1. Heard Mr. A.K. Yadav, learned counsel the applicant. None appears
for the respondents.
2. This Criminal Revision has been preferred by the
petitioner/husband under Section 19 (4) of the Family Court Act,
1984 challenging the order dated 07.04.2025 passed by learned
Family Court, Ambikapur in Misc. Criminal Case No. 03/2024
whereby the learned trial Court has partly allowed the application
under Section 125 of the CrPC filed by the respondents , who are
wife and children of the petitioner, for grant of maintenance and
ordered the petitioner/husband that he has to pay the maintenance
of Rs. 4,000/- per month to the respondent No.1/wife, Rs.2,000/-
per month to respondent No. 2 (daughter) and Rs.2,000/- per month
to respondent No. 3 (daughter), respectively [Total Rs.8,000] per
month.
3. Facts of the case, in brief, is that the marriage of petitioner was
solemnized with the respondent No. 1 on 07.04.2021 in Catholic
Church of village Mohanpur under the custom and rites of
Christianity and out of their wedlock, respondent Nos. 2 and 3/
female children were born and they were residing with their mother.
Subsequently, disputes arose between them when respondent No.
3 (female child) born, as the expectation of the petitioner was of
male child. As a result thereof, the applicant started harassing her
(respondent No. 1) physically & mentally and compelled her to live
apart from him. Thereafter, the present respondents have filed an
application under Section 125 of Cr.P.C. for maintenance claiming
total compensation of Rs. 18,000/- per month (Rs. 6000/- per month
for each of the Respondents), on the ground that after the marriage,
the applicant started harassing her physically & mentally, therefore,
she was compelled to live apart from her husband. It is further
contended that, she has no any source of income to maintain
herself and children whereas the applicant used to earn
Rs. 50,000/- Rs. 60,000/- per month from his Motorcycle repairing
shop, as such, he is having sufficient source of income.
4. The applicant /husband has filed reply to the application U/s. 125 of
Cr.P.C. stating inter alia that respondents have failed to prove their
case for getting monthly maintenance from the applicant.
5. Learned Family Court, after appreciating the oral and documentary
evidence available on record, vide impugned order dated
07.04.2025, has partly allowed the application under Section 125 of
the Cr.P.C. filed by the respondent / applicants and granted
maintenance to the respondents, as mentioned in opening
paragraph of the judgment. Hence, this criminal revision.
6. Learned counsel appearing for the applicant/husband submits that
the learned Family Court has committed an error in law in allowing
the application under Section 125 Cr.P.C. in part by holding that
wife/respondent No.1 is entitled for maintenance of Rs. 4000/- per
month, as she is legally wedded wife of the applicant. It is further
submitted that the learned Family Court has committed an error of
law in directing the applicant to pay maintenance of Rs.2000/- per
month to respondent Nos. 2 and 3, each. He would also submit
that the learned Family Court has failed to consider the fact that the
respondent No. 1 has not performed the matrimonial duty towards
in-laws instead she had committed misbehave and pressurize the
applicant to live separately from his parents, hence the impugned
order is liable to be set-aside.
7. I have heard learned counsel for the applicant, perused the
pleadings and documents appended thereto.
8. 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, Ambikapur, District Sarguja
(C.G.), it transpires that after recording all the statements of the
witnesses and perusing the evidence available on record and
keeping in view the living standards, social status, daily needs, age
and other needs of respondents No. 2 & 3 and financial condition of
the applicant/husband, ordered the applicant/husband to pay the
maintenance at the rate of Rs. 4,000/- per month to the respondent
No.1/wife and Rs. 2000/- per month to respondent No.2 &
Rs.2,000/- to respondent No. 3/children, respectively vide
impugned order dated 07,04.2025, in which, I do not find any
illegality or infirmity warranting interference of this court in the
instant criminal revision. Hence, the same is hereby affirmed.
9. As a consequence, the criminal revision, being devoid of substance,
is liable to be and is hereby dismissed.
10. 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: 2025.07.03 11:06:34
+0530
