Abhishek Gupta v. Smt. Harsha Gupta

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No. 759 of 2015 Abhishek Gupta, son of Shri Radhekishan Gupta, aged about 34 years, R/o Jangalpara Road, Ward No.02, Post Nagri, Tahsil Nagri, District Dhamtari (C.G.) ---- Applicant

Versus

Smt. Harsha Gupta, wife of Shri Abhishek Gupta, aged about 31 years, at present address Parental House-Jain Mandir Road, Baniya Para, Durg, Tahsil & District Durg (C.G.) ---- Non-applicant For Applicant :

Shri R.S. Patel, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 10/09/2015 (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 Smt. Harsha Gupta, the Family Court, Durg, by its order dated 29.07.2015, passed in Misc. Criminal Case No.62/2014, granted Rs.1500/- as monthly interim maintenance amount in favour of the non-applicant and further recorded a finding that the relationship of husband and wife is admitted and 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, taking into consideration the financial status of the applicant and further considering the cost of living & price-index and basic needs of the nonapplicants, an amount of Rs.1500/- 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. (5) Certified copy as per rules.

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