Churamari Sahu v. Smt. Hemlata Sahu

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No.952 of 2018 Churamari Sahu, S/o. Dhannulal Sahu, aged about 24 years, working as Driver R/o. Village Urla Road, Santosh Nagar, Birgaon, Infront of Ramkunar Privison Store Lane, Raipur (CG) ---- Applicant

Versus

Smt. Hemlata Sahu, D/o. Hemadas Sahu, aged about 21 years, Village Indamara, Post Pendri, Tehsil and District Rajnandgaon (CG) ---- Respondent ------------------------------------------------------------------------------------------- For the applicant : Shri Shishir Dixit, Advocate For the respondent : None ------------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 31.8.2018.

1.

Heard on IA No.01/18 for condonation of delay in filing the revision.

2.

For the reasons mentioned in the application, the same is allowed and the delay of 332 days in filing the revision is hereby condoned.

3.

This revision has been preferred against order dated 29.6.2017 passed by Judge Family Court, Rajnandgaon in Misc. Criminal Case No.83/2014 wherein the said Court granted maintenance of Rs.2,000/- per month to the respondent (wife) against the applicant (husband). Relation between the parties as husband and wife is admitted. The respondent had filed divorce petition and a decree of divorce was passed in her favour on 03.05.2014. Unless the respondent remarry, the applicant is under obligation to pay maintenance to her on monthly basis.

4.

Minimum wages prevailing is Rs.300/- per day and it comes to Rs.9000/- per month and any person capable to earn can earn his income equivalent to minimum wages. The trial Court awarded Rs.2,000/- per month as maintenance which cannot be termed as disproportionate or unreasonable looking to the minimum wages. In this way no legal or factual issue is involved for adjudication of this Court.

4.

Accordingly, the revision is dismissed.

Sd/- (Ram Prasanna Sharma) JUDGE Bini