Smt. Reshma Karamchandani v. Rakesh Karamchandani

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No. 564 of 2015

1. Smt. Reshma Karamchandani, W/o. Shri Rakesh Karamchandani, aged about 28 years, resident of through Shri Ajay Kumar Bajaj, Dr. M.C. Verma, Tower Street Jarhabhata, Sindhi Colony, P.S. Civil Line, Tahsil & District Bilaspur (C.G.)

2. Samrat Karamchandani, aged about 03 months, S/o. Shri Rakesh Karamchandani, through natural guardian mother Smt. Reshma Karamchandani, resident of through Shri Ajay Kumar Bajaj, Dr. M.C. Verma, Tower Street Jarhabhata, Sindhi Colony, P.S. Civil Line, Tahsil & District Bilaspur (C.G.) ---- Applicants

Versus

Rakesh Karamchandani, aged about 32 years, S/o. Shri Chandralal Karamchandani, R/o. Saktidham T-34/3 Main Road Bairagarh, P.S. Bairagarh, Tahsil and District Bhopal (M.P.) ---- Non-applicant For Applicant :

Shri Sumit Singh, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 16/07/2015 Heard on admission.

(1) In an application filed under Section 125 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') to enhance the interim maintenance amount by applicant No.1/wife and applicant No.2/minor son namely Smt. Reshma Karamchandani and Samrat Karamchandani, respectively from non-applicant/husband, the learned Family Court, Bilaspur, by its order dated 04.05.2015, passed in Misc.

Criminal Case No.612/2014, granted Rs. 12,000/- to applicant No.1/wife and Rs. 3,000/- to applicant No.2/minor son, total of Rs.15,000/- as monthly interim maintenance amount in favour of the applicants during the pendency of the main petition; and recorded a finding that applicants are unable to maintain themselves and further recorded a finding that non-applicant is working as Chief Accountant in Linden Shipping International Sharjah Company and earning Rs.1,00,000/- per month which is sought to be challenged by the applicants.

(2) After hearing learned counsel appearing for the applicants and taking into consideration the financial status of the nonapplicant/husband; and further considering the cost of living, priceindex and basic needs of the applicants, I do not consider it is a fit case to be interfered with an quantum of interim maintenance. However, in the ends of the interest of justice, it is directed that the concerned Family Court, the said case Misc. Criminal Case No.612/2014 shall be considered and decide the same in accordance with law as early as possible preferably within a period of three months from the date of receipt of copy of this order. (3) Accordingly, the criminal revision stands finally disposed of. Certified copy as per rules.

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