High Court Of ChhattisgarhCRR/545/2015dismissed

Prem Sagar Suryawanshi v. Aniket Suryawanshi And ANR.

2015-07-13Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 545 of 2015 Prem Sagar Suryawanshi S/o Late Chaitu Aged About 38 years R/o Sector-6, Road No. 32, Quarter No. 1 D, Bhilai, District Durg Chhattigarh ---- Applicant

Versus

1. Aniket Suryawanshi S/o Premsagar, Aged About 14 Years

2. Ku. Disha D/o Premsagar Suryawanshi Aged About 9 Years Both are minor, through mohter Smt. Mamta Suryawanshi Wife Of Premsagar Suryawanshi, aged about 34 years, R/o Road No. 32, Quarter No. 8/E, Sector - 6, Bhilai, District - Durg Chhattisgarh ---- Non-applicants For Applicant:

Shri Avinash Chand Sahu, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 13/07/2015 (1) Heard on I.A. No.01, which is an application for condonation of delay in filing the revision.

(2) On due consideration, I am satisfied that the applicant has succeeded in explaining the cause of delay in filing the revision and, therefore, the application is allowed. Delay in filing the revision is condoned.

(3) Heard on admission.

(4) In a proceeding initiated by the non-applicants/son & daughter of the applicant herein; under Section 125 of the Code of Criminal Procedure claiming maintenance from the applicant/their father, the Family Court during pendency of the maintenance proceeding finding that applicant has sufficient income to maintain themselves; and considering their need for food, clothing, schooling, granted 1,500/- per month to each of ₹ the non-applicants, which is sought to be challenged by the applicant/their father.

(5) After hearing learned counsel appearing for the parties and after perusal of the record; further considering the need of the non-applicants for their food, clothing & Schooling, I do not find any good ground to interfere with the same warranting interference by this Court under its revisional jurisdiction. (6) Consequently, the revision fails and is hereby dismissed. However, the Family Court is directed to expedite the trial. Certified copy, as per rules.

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