Smt. Mona Chandrakar v. Hemant @ Hemant Chandrakar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No.170 of 2018

1. Smt. Mona Chandrakar, wife of Hemant Chandrakar, aged about 27 years,

2. Minor Nikhil, son of Hemant Chandrakar, aged about 2 years, minor, represented through mother Smt. Mona Chandrakar, Both are residents of Village Banpachri, Police Station Patewa, Tahsil and District Mahasamund, Chhattisgarh ---- Applicants versus Hemant @ Hemant Chandrakar (wrongly mentioned as Heman), son of Jitendra Chandrakar, aged about 31 years, resident of Azad Chowk, Bramhan Para, Kurud, Police Station Kurud, District Dhamtari, Chhattisgarh --- Respondent For Applicants : Shri Vikash Pradhan, Advocate For Respondent : Shri Punit Ruparel, Advocate Hon'ble Shri Justice Arvind Singh Chandel Order on Board 12.4.2018 1.

With the consent of Learned Counsel appearing for the parties, the revision is heard and decided finally.

2.

This revision has been preferred against the order dated 23.12.2017 passed by the Family Court, Mahasamund in M.Cr.C. No.113 of 2017, whereby the Family Court has allowed the application under Section 125 of the Cr.P.C. and granted maintenance of Rs.1,000/- each, total Rs.2,000/- per month in favour of the Applicants. The Applicants have preferred the instant revision for enhancement in the amount of maintenance. 3.

I have heard Learned Counsel appearing for the parties and perused the material available with due care.

4.

As per the pleadings and the evidence adduced by the Applicant No.1/wife, the Respondent/husband owns 10 acres of land. He is engaged in purchase and sale of paddy and thereby earns Rs.25,000/- per month. The Respondent has admitted that he has passed post graduation course of M.A. and before the marriage, he had told the family members of the wife/Applicant No.1 that he owns 2 acres of land and he is engaged in purchase and sale of paddy. From the above admissions of the Respondent/husband, it is clear that he is engaged in purchase and sale of paddy and he also owns agricultural land. In these circumstances, the maintenance of Rs.1,000/- each granted to the Applicants by the Family Court is definitely on lower side.

5.

Considering the social status of the parties and the monthly income of the Respondent, it would be expedient to grant maintenance of Rs.2,000/- per month to each of the Applicants, i.e., total Rs.4,000/- per month. This order of enhancement in the amount of maintenance shall be effective from today itself. 6.

In the result, the revision is allowed in the aforesaid terms. Sd/- (Arvind Singh Chandel) Judge Gopal