Chandrahaas Sahu v. Smt. Jeeteshwari Sahu And Another

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No.330 of 2018 Chandrahaas Sahu, S/o Shri Udhoram Sahu, aged 25 years, R/o House of Pappu Sen, In front of Mukhti Dham, Shradha Vihar, Village Boriakhurd, Police Station Tikrapara, Tahsil and District Raipur, Chhattisgarh ---- Applicant versus

1. Smt. Jeeteshwari Sahu, W/o Chandrahaas Sahu, aged about 22 years,

2. Ku. Janhvi Sahu, D/o Chandrahaas Sahu, aged about 11 months, minor through legal guardian mother Jeeteshwari Sahu, Both R/o In front of St. Xavier School, Near Gadhai Mata Mandir, Chandi Nagar, Police Station Telibandha, Tahsil and District Raipur, Chhattisgarh --- Respondents For Applicant : Shri Sanjay Agrawal, Advocate For Respondents : Shri Shivendu Pandya, Advocate Hon'ble Shri Justice Arvind Singh Chandel Order on Board 18.5.2018 1.

With the consent of Learned Counsel appearing for the parties, the matter is heard finally.

2.

The revision has been preferred against the order dated 23.1.2018 passed by the 1st Additional Principal Judge, Family Court, Raipur in Case No.365 of 2017, by which the Family Court has granted interim maintenance of Rs.3,000/- per month in favour of Respondent No.1/wife and that of Rs.2,000/- per month in favour of Respondent No.2/daughter.

3.

Learned Counsel appearing for the Applicant submits that the Applicant is residing with his parents and his parents are dependent upon him. Since the Applicant is getting Rs.3,000/- per month only, the interim maintenance granted in favour of the

Respondents by the Family Court is excessive. 4.

Per contra, Learned Counsel appearing for the Respondents submits that the Applicant is a contractor by profession. He owns an agricultural land measuring 3 acres. His monthly income is Rs.50,000 - 60,000/-. Therefore, the interim maintenance granted by the Family Court to the Respondents is just and proper. 5.

I have heard Learned Counsel appearing for the parties and perused the material available with due care. 6.

It does not reveal from the material available that the Applicant possesses any agricultural land and at this stage, nothing is available to show that the Applicant is engaged in the profession of a contractor. Therefore, considering the facts and circumstances of the case and the social and financial status of the parties, I find that the interim maintenance granted by the Family Court is excessive and deserves to be reduced.

7.

Hence, the interim maintenance granted by the Family Court to Respondent No.1/wife is reduced from Rs.3,000/- to Rs.2,500/- per month and that of Respondent No.2/daughter is reduced from Rs.2,000/- to Rs.1,000/- per month. The reduction in the interim maintenance shall be effective from today. It is further directed that the Trial Court shall decide the matter as early as possible preferably within a period of 6 months from the date of receipt of this order.

8.

Accordingly, the revision is allowed in the aforesaid terms. Sd/- (Arvind Singh Chandel) Judge Gopal