High Court Of ChhattisgarhCRR/471/2015dismissed

Sheikh Abdulla v. Smt. Sarvat Afroj

2015-09-17Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No.471 of 2015 Sheikh Abdulla, aged about 35 years, S/o Moh. Siddaqui Mushalman, R/o Masjid Road, Kota, Raipur, Tah. Raipur, Civil and Revenue Distt. Raipur (C.G.) ---- Applicant

Versus

1. Smt. Sarvat Afroj, aged about 33 years, W/o Sheikh Abdulla,

2. Minor Hamja, aged about 7 years, S/o Sheikh Abdulla, Through guardian mother Smt. Sarvat Afroj.

Both of them are R/o Haffej Provision Stores, Near Ravi Bhavan, Kota, Raipur, Tah. Raipur, Civil and Revenue Distt. Raipur (C.G.) ---- Non-applicants For Applicant:

Mr. Rakesh Thakur and Mr. Dharmesh Shrivastava, Advocates.

For Non-applicants:

Mr. Devershi Thakur and Mr. J.K. Gupta, Advocates.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 17/09/2015

1. By the impugned order, the Family Court has enhanced monthly allowance to the non-applicants from Rs.3,000/- to Rs.5,000/- i.e. Rs.1,000/- to each of the non-applicants.

2. Mr. Rakesh Thakur and Mr. Dharmesh Shrivastava, learned counsel for the applicant, submit that the enhancement made is without any basis, as non-applicant No.1 is working in Shivnath Hyundai and earning huge salary, therefore, the enhancement is bad and unsustainable in law.

3. Mr. Devershi Thakur and Mr. J.K. Gupta, learned counsel for

the non-applicants, submit that the enhancement is just and proper.

4. I have heard learned counsel for the parties, perused the order impugned and record of the Family Court.

5. The fact remains that Rs.3,000/- per month was granted by order dated 11-6-2012 and thereafter, after two years, considering cost of living, standard of living, price index and needs of the non-applicants basically the need of minor Hamja for school, medical, food and clothing, Rs.1,000/- to each of the non-applicants has been increased which in the considered opinion of this Court is just, fair and proper. I do not find any illegality in the order impugned. The revision deserves to be and is accordingly, dismissed.

Sd/- (Sanjay K. Agrawal) Judge Soma