Sukhdev Sahu v. Smt. Gauri Bai Sahu
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 1015 of 2015 • Sukhdev Sahu S/o Late Narsingh Sahu Aged About 41 Years Occupation - Service (Police Department) R/o Village Chhuikhadan, Police Station Lalbag, Tahsil & District Rajnandgaon Chhattisgarh Presently Posted At 13th B. N. D. Company, Police Station Dhanora, District Narayanpur, Bastar Chhattisgarh (Present Changed Address). ---- Applicant
Versus
1. Smt. Gauri Bai Sahu W/o Sukhdev Sahu Aged About 28 Years R/o Village Amlidih, Tolagaon, Police Station & Tahsil Dongargaon, District Rajnandgaon Chhattisgarh
2. Ku. Pallavi Sahu D/o Sukhdev Sahu Aged About 7 Years
3. Ku. Deepika Sahu D/o Sukhdev Sahu Aged About 4 Years Non-applicant No.2 & 3 minor represented Through Her Natural Guardian Mother Smt. Gauri Bai Sahu W/o Sukhdev Sahu, All resident of Village Amlidih, Tolagaon, Police Station & Tahsil Dongargaon, District Rajnandgaon Chhattisgarh ---- Non-applicants For applicant : Shri Abhishek Sharma, Advocate. Hon'ble Shri Justice Pritinker Diwaker Order On Board 30/11/2015 Challenge in the present revision is to the order dated 22.7.2015 passed by Family Court, Rajnandgaon in MJC No.63/2013 directing the applicant to pay Rs.30,000/- to the non-applicants towards arrears of maintenance for 12 months @ Rs.2,500/- p.m.
02. From the order impugned it appears that the application was filed by the non-applicants seeking arrears of maintenance amount awarded to her to the tune of Rs.67,500/- from November, 2010 to February, 2013. The Court below came to the conclusion that as per Section
125(3) CrPC the maximum arrears which can be recovered is for 12 months and considering that aspect of the law, the Court below has directed the applicant to pay Rs.30,000/- as arrears of maintenance for 12 months. I find no illegality in the order impugned warranting interference, the same has been passed considering all the aspect of the case and the legal position. The revision has no substance, the same is liable to be dismissed and it is dismissed as such. sd/ (Pritinker Diwaker) Judge Khan