Arshad Khan v. Saba Nasrien

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No. 495 of 2015 Arshad Khan, S/o Shri Muzeeb Khan, aged about 27 years, R/o Chigrajpara Bilaspur, P.S. Sarkanda Bilaspur, Tahsil and District Bilaspur (C.G.) ---- Applicant

Versus

Saba Nasrien Ex-w/o Arshad Khan, Daughter of Shahadat Khan, aged about 27 years, R/o Near Ghodadana School Tarbahar, Bilaspur, P.S. Tarbahar Tahsil & District Bilaspur. ---- Non-applicant For Applicant :

Shri K.A. Ansari, Senior Advocate with Shri Devesh G. Kela, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 07/08/2015 (1) Heard on admission.

(2) In a proceeding for maintenance initiated under Section 125 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') by nonapplicant/wife namely Saba Nasrien, the Family Court, Bilaspur, by its order dated 21.05.2015, passed in Miscellaneous Criminal Case No.614/2014, granted Rs.4000/- as monthly interim maintenance amount in favour of the non-applicant; further recorded a finding that the relationship of husband and wife is admitted; and further recorded a finding that the non-applicant is unable to maintain herself, which is sought to be challenged by the applicant/husband stating that the

same is on higher side.

(3) After hearing learned counsel appearing for the applicant and taking into consideration the financial status of the applicant; and further taking into consideration the cost of living & price-index and basic needs of the non-applicant, an amount of Rs.4000/- as monthly interim maintenance granted to the non-applicant cannot be said to be shockingly high warranting interference by this Court in its revisional jurisdiction.

(4) The revision deserves to be and is accordingly dismissed at admission stage. However, the trial Court is directed to expedite the trial of maintenance proceeding and to conclude the same within a period of three months from the date of receipt of copy of this order. Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge L/-