High Court Of ChhattisgarhCRR/307/2016dismissed

Ranu Sahu And ANR. v. Bhushanlal Sahu

2017-01-09Hon'Ble Shri Justice P. Sam Koshy2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR ORDER SHEET CRR No. 307 of 2016

1. Ranu Sahu W/o Bhushanlal Sahu Aged About 25 Years Occupation Housewife, Present address: Village Newasa near Village Jhaki, Thana Nawagarh, Tehsil Nawagarh, Civil and Revenue Distt. Bemetara (CG).

2. Ku. Sakshi D/o Bhushanlal Sahu Aged About 5 Years Minor Thrugh Mother Ranu Sahu, Occupation Housewife, Present Address, Village Newasa Near Village Jhaki Thana Nawagarh Tehsil Nawagarh, Civil And Rev. Distt. Bemetara. Both are presently resident of Village Kharoda Thanan Pipariya Tehsil, Kawardha Distt. Kabirdham Chhattisgarh.

-----Applicants.

Vs.

Bhushanlal Sahu S/o Sahdev Sahu Aged About 28 Years Occupation Agriculture And Business Present Address, Village Newasa Near Village Jhaki, Thana - Nawagrh, Tehsil - Nawagarh, Civil & Rev. Distt. Bemetara Chhattisgarh. ----Respondent.

:L 09/01/2017 Shri Basant Dewangan, Advocate for the petitioners. Ms. Pritha Ghosal, Advocate for the respondent. The order under challenge in the present revision is dated 15.05.2015 passed by the Family Court, Kabirdham in Misc. Criminal Case No. 593 of 2013. It is a case where the court below in a proceeding under Section 125 CrPC has allowed the application and have ordered for payment of Rs.1200/- to petitioner No.1 and Rs. 800/- to petitioner No.2. The impugned order has been challenged in this revision as the maintenance granted by the court below is on the lesser side and deserves to be enhanced.

The present revision has been filed with delay of more than 215 days i.e. about 10 months. The order under challenge was passed on 15.05.2015 i.e. more than 1 and 1⁄2 years ago.

Accordingly, this court is of the opinion that it would be appropriate for the petitioners now to file appropriate application for enhancement invoking the provisions of Section 127 CrPC before the court below rather than to seek enhancement from the impugned order itself.

With the aforesaid observation, the revision stands disposed off.

Sd/- (P. Sam Koshy) JUDGE Inder