Dhansai v. Smt. Parwati Bai

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No. 653 of 2015 Dhansai, S/o Fekuram, aged about 24 years, Caste Dhobi, R/o Kumharikala, Police Station Baradwar, Tahsil Champa, Civil and Revenue District Janjgir-Champa (C.G.) ---- Applicant

Versus

Smt. Parwati Bai, W/o Dhansai, aged about 22 years, Caste Dhobi, R/o Harda, Police Station and Tahsil Sakti, Civil and Revenue District Janjgir-Champa (C.G.) ---- Non-applicant For Applicant :

Shri Pushpendra Kumar Patel, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 12/08/2015 (1) Heard on admission.

(2) By the impugned order under Section 125 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.'), the Family Court (Link Court), Sakti, District Janjgir-Champa, by its order dated 03.08.2015 passed in Misc. Criminal Case No.33/2014, granted Rs.1500/- as monthly interim maintenance to the non-applicant who is wife of the present applicant, admittedly; and further recorded a finding that the non-applicant is unable to maintain herself and the applicant is working as Labourer and also having a landed property, 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 Family Court has clearly recorded a finding that the relationship of husband and wife between the parties is established; and further recorded a finding that the non-applicant is unable to maintain herself and the fact that the applicant is earning sufficiently to make payment of Rs.1500/- to the non-applicant/wife as monthly maintenance 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.

Certified copy as per rules.

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