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High Court Of ChhattisgarhCRR/204/2015partly allowed

Laxmikant Jangde v. Smt. Shanti Bai

2019-04-30Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No. 204 of 2015 Laxmikant Jangde S/o Shri Jodhan Das Jangde, aged about 26 years Caste Satnami, R/o Nawdha Chowk, Parasbhatha, Ward No. 32, Balco Nagar, Distt. Korba (C.G.).

----Applicant

Versus

Smt. Shanti Bai W/o Laxmikant Jangde, aged about 23 years Caste Satnami R/o Nawdha Chowk, Parsabhatha, Ward No. 32 Balco Nagar, Distt. Korba (C.G.) at present R/o Village Navapara (Haija), Post Pahariya, Thana- Balco Police Chowki Pantora, Distt. Janjgir-Champa (C.G.). ---- Respondent For Applicant :

Mr. Sanjay Patel, Advocate For Respondent :

Mr. V.R. Tiwari, Advocate Hon'ble Shri Justice Arvind Singh Chandel Order on Board 30/04/2019 1.

This revision has been filed against order dated 31/12/2014 passed in Miscellaneous Criminal Case No. 78/2014 by the Family Court, Janjgir, whereby the Family Court allowed the application under Section 125 of the Cr.P.C and granted monthly maintenance of Rs. 2500/- in favour of the Respondent. Thus, this revision has been filed by the Applicant only on the ground that he earns Rs. 3000/- and therefore, he is not able to give maintenance to the Respondent, but ignoring this fact, the Family Court has granted monthly maintenance in favour of the Respondent. 2.

I have heard counsel for the parties and perused the records. 3.

It was pleaded and deposed by the Respondent/Wife that the Applicant is working in a Canteen at BALCO and getting monthly salary of Rs. 8000/-,

but she has not submitted any documentary evidence in this regard before the Family Court. The Applicant/Husband deposed that he is getting monthly salary of Rs. 4000/-. This statement of the Applicant has not been rebutted during his cross-examination. Thus, it is clear that the Applicant is working in a canteen at BALCO and from there, he is getting monthly salary of Rs. 4000/-.

4.

Considering the above facts and circumstances of the case, the maintenance amount of Rs. 2500/- granted by the Family Court is on higher side.

5.

Accordingly, it is ordered that the Applicant shall now pay Rs. 2000/- as monthly maintenance to the Respondent from today. 6.

Consequently, the revision is partly allowed to the extent indicated above. Sd/- (Arvind Singh Chandel) Judge Rahul