Smt. Kanchan Kela v. Rajendra Kela

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No. 372 of 2018 1.

Smt. Kanchan Kela W/o Rajendra Kela, aged about 39 years, 2.

Minor Gourav Kela S/o Rajendra Kela, aged about 15 years, 3.

Minor Sourabh Kela, S/o Rajendra kela, aged about 14 years Applicant Nos. 2 & 3 are being minor through her present natural guardian Mother Smt. Kanchan Kela, wife of Rajendra Kela All are R/o SE-665 CSEB Colony Korba, Tehsil and District- Korba, Chattisgarh --- Applicants

Versus

Rajendra Kela S/o Shri Dhani Ram Kela, aged about 46 years R/o VillageNawagaon, Katghora, District- Korba (C.G.), Note:- The address of the respondent has been changed which has been mentioned in the impugned order.

---- Respondent For Applicant :

Mr. Kunal Das, Advocate For Respondent :

Mr. Kripesh G. Kela, Advocate Hon'ble Shri Justice Arvind Singh Chandel Order on Board 23/08/2018 1.

With the consent of both the parties, the matter is heard finally. 2.

This revision has been preferred against the order dated 18/01/2018 passed by the Principal Judge, Family Court, Korba in MJC No. 17/2017.

3.

Initially vide order dated 26/03/2018 passed in MJC No. 112/2013, the application under Section 125 of the Cr.P.C filed by the applicants was allowed and maintenance of Rs. 500/- in favour of applicant No.1/wife and Rs. 1500/- in favour of applicant Nos 2 & 3 each have been

passed. In total, Rs. 3500/- has been awarded to the applicants as maintenance. Thereafter, another application was preferred under Section 127 of the Cr.P.C by the applicants for enhancement of the maintenance amount on the ground that inflation has risen and there is also hike of price in eduction of respondents 2 & 3. This application was allowed and vide impugned order dated 18/01/2018, maintenance of Rs. 1000/- in favour of applicant No. 1/wife and maintenance of Rs. 2500/- in favour of applicant No. 2 & 3 each was passed. Total maintenance of Rs. 6000/- was awarded.

4.

After taking the evidence of both the parties, the learned Family Court found that the respondent/husband is working with Police Department as constable and is getting Rs. 32,000/- monthly salary. Though, applicant No.1/wife is also getting Rs. 2000/- from respondent/husband in a case related to Domestic Violence Act, but looking to the monthly salary of husband/respondent and further looking to the present price index, the maintenance awarded to the applicants is on lower side. 5.

Therefore, the maintenance of Rs. 1000/- awarded to applicant No.1 is enhanced to Rs. 1500/- maintenance of Rs. 2500/- awarded in favour of applicant No.2 is enhanced to Rs. 3000/- and maintenance of Rs. 2500/-awarded in favour of applicant No.3 is enhanced to Rs. 3000/- with effect from today.

6.

Accordingly, the revision is allowed to the extent indicated above. Sd/- (Arvind Singh Chandel) Judge Rahul