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High Court Of ChhattisgarhCRR/675/2015dismissed

Ishwar Prasad Yadav v. Pramila Bai Yadav

2015-08-19Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No.675 of 2015 Ishwar Prasad Yadav, Son of Shri Himmat Lal Yadav, aged about 25 years, resident of Chichvol, P.S. Baloda Bazar, Tahsil and District Baloda Bazar-Bhatapara (C.G.) ---- Applicant

Versus

1.

Smt. Pramila Bai Yadav, wife of Shri Ishwar Prasad Yadav, aged about 22 years.

2.

Pradyuman Kumar, son of Shri Ishwar Prasad Yadav, aged about 01 years (minor) through legal guardian mother namely Smt. Pramila Bai Yadav.

Both are resident of Village Chilhati, P.S. Masturi, Tahsil Masturi, District Bilaspur (C.G.) ---- Non-applicants For Applicant :

Shri S.K. Guha, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 19/08/2015 (1) In a proceeding for maintenance initiated under Section 125 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') by nonapplicant No.1/wife Smt. Pramila Bai and her minor son Pradyuman Kumar/non-applicant No.2, the Family Court, Bilaspur, by its order dated 13.05.2015, passed in Misc. Criminal Case No.175/2015, granted Rs.1,200/- to non-applicant No.1/wife and Rs.600/- to nonapplicant No.2/minor son. Total amounting Rs.1800/- as monthly

interim maintenance amount in favour of the non-applicants; further recorded a finding that the relationship of husband and wife is admitted; and further recorded a finding that the non-applicants are unable to maintain themselves which is sought to be challenged by the applicant/husband stating that the same is on higher side. (2) After hearing learned counsel appearing for the applicant and taking into consideration the financial status of the applicant and further considering the cost of living & price-index and basic needs of the non-applicants, an amount of Rs.1800/- as monthly interim maintenance granted to the non-applicants cannot be said to be shockingly high warranting interference by this Court in its revisional jurisdiction.

(3) 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/-