Smt.Saroj Sahu And ORS v. Santosh Sahu

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No.726 of 2011 1.

Smt. Saroj Sahu W/o Shri Santosh Sahu aged about 26 years 2.

Minor Rahul Sahu S/o Shri Santosh Sahu 3.

Minor Ku. Aakansha Sahu D/o Shri Santosh Sahu Applicant 2 & 3 minor through natural guaridan mother Smt. Saroj Sahu All R/o through Shri Devi Prasad Sahu village Kodasar P.S. And Tahsil Takhatpur District Bilaspur Chhattisgarh Present Address New Adarsh Nagar Zone-I Road-1C Durg P.S. Pulgaon Tahsil and District Durg Chhattisgarh ---- Petitioners

Versus

Santosh Sahu S/o Radheshyam Sahu aged about 32 years R/o village Kargikala P.S. And Tahsil Kota District Bilaspur Chhattisgarh ---- Respondent For Petitioners :

Shri Waquar Naiyar, Advocate.

For Respondent :

None.

Hon'ble Shri Deepak Gupta, Chief Justice Order on Board 09/12/2016 1.

This revision petition for enhancement of the maintenance amount has been filed by the wife and two minor children. 2.

It is not disputed that the marriage between the parties was solemnized according to Hindu rites on 11.5.2003 and out of this wedlock, two children minor Rahul Sahu and minor Ku. Aakansha Sahu were born. They were six years and two years respectively when the original petition was filed. The Respondent-husband is working a Mason and it is alleged that he has got married to some other woman. I am not concerned with the Respondent-husband because he has not challenged the order of maintenance.

3.

The question is whether the maintenance awarded by the Learned Family Court is reasonable or not. The order of maintenance is of the year 2011 and now we are in the year 2016. As on date even a Mason would not be earning less than Rs.400/- per day i.e. Rs.12000/- per month. 4.

Therefore, I enhance the maintenance payable to the wife to Rs.1500/- per month and to each of the children Rs.750/- per month, which in total Rs.3000/- per month. The enhanced maintenance amount shall be paid only w.e.f. 1.12.2016.

5.

The revision petition is allowed in the aforesaid terms. Sd/- (Deepak Gupta) Chief Justice Anu