Anuj Sahu v. Smt. Khelan Bai Sahu

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No. 595 of 2015 Anuj Sahu, S/o. Jugnu Sahu, aged about 50 years, R/o. Brahmapuri, Ward No. 64, Newai Bhatha, Bhilai, Tahsil and District Durg (C.G.) ---- Applicant

Versus

Smt. Khelan Bai Sahu, W/o. Sadhu Ram Sahu (Claiming to be the wife of Anuj Sahu), aged about 45 years, R/o. Village Kutharel, P.S. Anda, Tahsil and District Durg (C.G.) ---- Non-applicant For Applicant :

Shri Ravindra Agrawal, Advocate.

Hon'ble Shri Justice Pritinker Diwaker Order On Board 23/07/2015 Heard on admission.

(1) Challenge in the present revision is to the order dated 09.07.2015 passed by IIIrd Additional Principle Judge, Family Court, Durg in M.J.C. No. 172/2015, whereby the Family Court has granted interim maintenance of Rs. 2000/- per month to the non-applicant. (2) Counsel for the applicant submits that the applicant is petty contractor and hardly earning Rs.15,000/- per month. He further submits that the applicant has also disputed the relationship with the non-applicant/wife and therefore, also the non-applicant is not entitled for any interim maintenance.

(3) I have heard the counsel for the applicant and perused the documents filed along with revision.

(4) While awarding interim maintenance it has been noticed by the Family Court that from the documents as filed by the applicant, prima facie, the applicant and non-applicant are husband and wife and, therefore, she is entitled for interim maintenance of Rs.2,000/- per month. I do not find any illegality in the impugned order warranting interference by this Court in its revisional jurisdiction. (5) The criminal revision being without substance, is liable to be dismissed. It is accordingly dismissed. However, considering the facts and circumstances of the case, the Family Court is directed to dispose of the main proceeding expeditiously.

Sd/- (Pritinker Diwaker) Judge L/-