Smt. Sangeeta Swarnakar And Another v. Mohit Kumar Swarnakar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No.730 of 2018

1. Smt. Sangeeta Swarnakar, wife of Mohit Kumar Swarnakar, aged about 35 years,

2. Ku. Awantika Swarnakar, D/o Mohit Kumar Swarnakar, aged about 09 years (minor), through natural guardian Mother Smt. Sangeeta Swarnakar, wife of Mohit Kumar Swarnakar (Applicant No.1), Both at present R/o Street No.05, Vidyut Nagar, Near Avinash Kirana Store, Durg, District Durg, Chhattisgarh ---- Applicants versus Mohit Swarnakar, son of Ramakant, aged about 40 years, R/o Prem Nagar, Sikolabhatha, Durg, District Durg, Chhattisgarh --- Respondent For Applicants :

Shri Jitendra Gupta, Advocate For Respondent :

Shri Avinash Chand Sahu, Advocate Hon'ble Shri Justice Arvind Singh Chandel Order on Board 11.9.2018 1.

With the consent of Learned Counsel appearing for the parties, the matter is heard finally.

2.

Vide impugned order dated 11.5.2018, the Family Court, Durg has granted interim maintenance of Rs.1,000/- per month in favour of Applicant No.1 and Rs.500/- per month in favour of Applicant No.2. The instant revision has been preferred by the Applicants for enhancement in the amount of interim maintenance. 3.

I have heard Learned Counsel appearing for the parties and perused the material available with due care. 4.

Admittedly, Applicant No.1 is legally wedded wife of the

Respondent and Applicant No.2 is his legitimate child/daughter. Both are residing separately from the Respondent. The Respondent is employed as a Loco Engine Driver in Railway Department and is getting gross monthly salary of Rs.93,000/-. Looking to his monthly income, the interim maintenance granted by the Family Court to the Applicants is clearly a meager sum and the same deserves to be enhanced.

5.

Having regards to the facts and circumstances of the case and the income of the Respondent, I am of the considered opinion that in place of Rs.1,000/-, grant of interim maintenance of Rs.10,000/- per month in favour of Applicant No.1/wife and in place of Rs.500/-, grant of interim maintenance of Rs.5,000/- per month in favour of Applicant No.2/daughter would be just and proper. Ordered accordingly. This enhancement of interim maintenance in favour of the Applicants shall be effective from 11.5.2018, i.e., the date on which the impugned order was passed by the Family Court. 6.

The Family Court is further directed to expedite the trial and conclude it as early as possible preferably within a period of 6 months from the date of receipt of this order. 7.

Consequently, the revision is allowed in the aforesaid terms. Sd/- (Arvind Singh Chandel) Judge Gopal