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High Court Of ChhattisgarhCRR/388/2015disposed off

Anil Gangwani v. Smt. Khushi Punwani @ Pinki @ Prachi And ANR.

2015-07-15Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No. 388 of 2015 Anil Gangwani, son of Late Shobhraj Gangwani, aged about 32 years, Caste Sindhi, R/o. Main Road Torwa, P.S. Torwa, Bilaspur, Tahsil and District Bilaspur (C.G.) ---- Applicant

Versus

1.

Smt. Khushi Punwani @ Pinki @ Prachi, wife of Shri Anil Gangwani, aged about 26 years, Caste Sindhi, R/o. Hariom Bhawan, Bhakt Kanwar Ram Ward Chakarbhata, Nagar Panchayat Bodari, P.S. Chakarbhata, District Bilaspur (C.G.)

2. Kavish @ Kamal Gangwani, son of Shri Anil Gangwani, aged about 3 years, through legal guardian mother Smt. Khushi Gangwani, R/o. Hariom Bhawan, Bhakt Kanwar Ram Ward Chakarbhata, Nagar Panchayat Bodari, P.S. Chakarbhata, District Bilaspur (C.G.) ---- Non-applicants For Applicant :

Shri Vipin Punjabi , Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 15/07/2015 Heard on admission.

(1) In a proceeding for maintenance initiated under Section 125 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') by nonapplicant No.1/wife Smt. Khushi Punwani and her minor son Kavish/non-applicant No.2, the Family Court, Bilaspur, by its order dated 27.03.2015, passed in Misc. Criminal Case No.574/2014, granted Rs. 2,000/- to non-applicant No.1/wife and Rs. 1000/- to non-

applicant No.2/minor son, total of Rs.3,000/- as monthly interim maintenance amount in favour of the non-applicants; further recorded a finding that the relationship of husband and wife is admitted; and further recorded a finding that the applicant/husband is working as Accountant and earning Rs. 60,000/- per month which is sought to be challenged by the applicant/husband stating that the same is on higher side.

(2) After hearing learned counsel appearing for the applicant and taking into consideration the job of the applicant in which he is earning Rs. 60,000/- per month; and further considering the cost of living & price-index and basic needs of the non-applicants, an amount of Rs. 3,000/- as monthly interim maintenance granted to the non-applicants cannot be said to be shockingly high warranting interference by this Court in its revisional jurisdiction.

(3) 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 within a period of six months from the date of receipt of copy of this order. Certified copy as per rules.

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