Harihar Thakur v. Smt. Sharda Thakur

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No. 583 of 2015 Harihar Thakur, aged about 44 years, S/o. Shri Nageshwar Thakur, R/o. L.I.G.-197, Borsi Extention, P.S. Pulgaon, Tahsil & District Durg (C.G.) ---- Applicant

Versus

Smt. Sharda Thakur, aged about 42 years, W/o. Shri Harihar Thakur, R/o. in front of Nashine General Store, 1st Floor, Section-B, Panchshil Colony, Borsi, P.S. Pulgaon, Tahsil & District Durg (C.G.) ---- Non-applicant For Applicant :

Shri Jitendra Pali , Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 20/07/2015 Heard on admission.

(1) In an application under Section 125 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') for maintenance filed by nonapplicant/wife Smt. Sharda Thakur, the Family Court, Durg, by its order dated 07.05.2015, passed in Criminal M.J.C. No.764/2014, granted Rs.1000/- to non-applicant/wife as monthly interim maintenance amount in favour of the non-applicant and recorded a finding that the relationship of husband and wife is admitted; and the applicant is unable to maintain herself.

(2) Learned counsel appearing for the applicant would submit that

an amount of interim maintenance of Rs.1000/- per month is on higher side, therefore, it deserves to be reduced accordingly. (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, an amount of Rs.1,000/- as monthly interim maintenance granted to the non-applicant 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. Certified copy as per rules.

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