Mehtaru Dhimar v. Smt. Mongra Bai Dhimar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No. 534 of 2019 Mehtaru Dhimar (wrongly mentioned Mehtar), aged about 52 years S/o Late Dukalu Ram Dhimar R/o Dhimarpara, towards Mahamaya Mandir, Mahamaya Para, P.S. Purani Basti Raipur, Distt. Raipur (C.G.). ----Applicant

Versus

Smt. Mongra Bai Dhimar W/o Mehtar Dhimar, aged about 50 years R/o Mahamayapara, Purani Basti, Dhimarpara, Raipur, Distt. Raipur (C.G.). ---- Respondent For Applicant :

Mr. Shrawan Agrawal, Advocate For Respondent :

None Hon'ble Shri Justice Arvind Singh Chandel Order on Board 24/04/2019 1.

Heard on admission.

2.

This revision has been preferred against order dated 23/02/2019 passed in Case No. 724/2017 by the First Additional Principal Judge, Family Court, Raipur, whereby the Family Court has granted interim maintenance of Rs. 1500/- in favour of the Respondent.

3.

I have heard counsel for the Applicant and perused the documents available on record.

4.

The Applicant himself admitted the fact that the Respondent is his wife and he performed marriage with her through Chudi Pratha. He further admitted that out of their wedlock, children were borne. Though, the application for grant of maintenance was filed after a long time, under what

circumstances, the Respondent preferred the application for grant of maintenance at later stage, is a matter of evidence. Whether, she is residing separately without any reasonable cause or not is also a matter of evidence.

5.

Considering the age of the Applicant and his physical condition also, the learned Family Court has granted only Rs. 1500/- as interim maintenance, which in my view is just and proper.

6.

Consequently, the revision has no merit and the same is dismissed. Sd/- (Arvind Singh Chandel) Judge Rahul