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High Court Of ChhattisgarhCRR/355/2015dismissed

Surajman v. Anita Devi

2015-08-14Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No. 355 of 2015 Surajman, S/o Tejaram, aged about 40 years, Caste Rajwar, R/o Village Kailashpur(Bhaglapara), Police Station & Tahsil Ramanujnagar, District Surajpur, Civil & Revenue District Surajpur (C.G.) ---- Applicant

Versus

Anita Devi, W/o Surajman, aged about 28 years, Caste Rajwar, R/o Village Kailashpur (Bhaglapara), Police Station & Tahsil Ramanujnagar, District Surajpur, Civil & Revenue District Surajpur (C.G.) ---- Non-applicant For Applicant :

Shri A.K. Prasad, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 14/08/2015 (1) Heard on admission.

(2) In a proceeding for maintenance initiated under Section 125 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') by nonapplicant/wife, the Chief Judicial Magistrate, Surajpur, District Surajpur, by its order dated 18.03.2015, passed in M.Cr.C. No.240/2012, granted Rs.800/- as monthly interim maintenance amount in favour of the non-applicant. The trial Court has further recorded a finding that the relationship of husband and wife is admitted and also further recorded a finding that the non-applicant is unable to maintain herself, which is sought to be challenged by the

applicant/husband stating that the same is on higher side. (3) After hearing learned counsel appearing for the applicant and taking into consideration the cost of living & price-index and basic needs of the non-applicant/wife, who is unable to maintain herself, an amount of Rs.800/- as monthly interim maintenance has been granted to the non-applicant, which cannot be said to be shockingly high warranting interference by this Court in its revisional jurisdiction. (4) The revision deserves to be and is accordingly dismissed at admission stage. However, the trial Court is directed to expedite the trial of maintenance proceeding and to conclude the same within a period of three months from the date of receipt of copy of this order. (5) Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge L/-