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High Court Of ChhattisgarhCRR/82/2009withdrawn

Ramesh Kumar Verma v. Smt.Dhaneshwari Bai Verma And ANR.

2016-01-05Hon'Ble Shri Justice Pritinker Diwaker2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 82 of 2009 • Ramesh Kumar Verma, S/o. Dashruram Verma, Aged about 25 years, Nageshwar Nagar, Trans Nagar Palika, Near Temple Birgaon, PS Urla, Raipur ---- Applicant

Versus

• Smt.Dhaneshwari Bai Verma, aged about 20 years, W/o. Ramesh Kumar Verma • Digeshwari Verma D/o Ramesh Kumar Verma, Aged about 6 months, Through Mother Smt. Dhaneshwari Bai Verma, R/o Near Shankar Cycle Stores, Birgaon, P.S. Urla, Distt.-Raipur (Cg) ---- Non-applicants For Applicant : Shri Raja Sharma, Advocate For Respondents : None present.

Hon'ble Shri Justice Pritinker Diwaker Order On Board 05/01/2016 Heard on admission.

Challenge in this revision is to the order dated 27.11.2008 passed by Family Court Raipur in Case No. 489/2008 whereby allowing the application as filed by the non-applicants under Section 125 of the Cr.P.C. and granting maintenance of Rs. 1,000/- per month to non-applicant No.1 and Rs. 500/- per month to non-applicant No.2.

Counsel for the applicant submits that the financial condition of the applicant is not as such where he can maintain the non-applicants. He further submits that the applicant is not working anywhere and therefore it is difficult for him to pay maintenance to the non-applicants.

While passing the order impugned it has been observed by the court below that the non-applicant No.1 was subjected to cruelty by the applicant and that she was forced to live separately. It has been further observed by the court below that the non-applicants are unable to maintain themselves whereas the applicant is a able bodied person and can maintain himself as

well as the non-applicants.

Considering the observation and findings recorded by the court below I find no illegality in the order impugned. The revision has no substance the same is accordingly dismissed at the motion stage itself. Sd/- Pritinker Diwaker Judge suguna