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High Court Of ChhattisgarhCRR/812/2014disposed off

Haidar Ali @ Arjun v. Sabrun Nisha And ANR.

2019-01-28Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No. 812 of 2014 Haidar Ali @ Arjun S/o Ratan Singh, aged about 35 years, Occupation Agriculturist, R/o Village Udari, Police Station Lundra, District Surguja (C.G.) ---- Applicant

Versus

1.

Sabrun Nisha W/o Haidar Ali @ Arjun, D/o Munif, aged about 30 years, 2.

Imran S/o Haidar Ali @ Arjun, aged about 5 years Non-applicant No. 2 being minor through natural guardian other NonApplicant No. 1 Sabrun Nisha. Both are R/o Village Udari, Police Station Lundra, District Surguja (C.G.). ---- Respondents For Applicant :

Mr. Abhishek Pandey, Advocate For Respondents :

None Hon'ble Shri Justice Arvind Singh Chandel Order on Board 28/01/2019 1.

This revision has been preferred against order dated 23/09/2014 passed in Miscellaneous Criminal Case No. 180/2013 passed by the Family Court, Ambikapur, whereby the application filed by the Respondents under Section 125 Cr.P.C for grant of maintenance has been partly allowed in favour of Respondent No. 2 and the Family Court granted monthly maintenance of Rs. 800/- in his favour. Thus, this revision has been preferred by the Applicant i.e. father of Respondent No.2.

2.

Counsel for the Applicant submits that he confines his argument to the

quantum of maintenance only. He further submits that looking to the facts and circumstances of the case and earning capacity and financial status of the Applicant, the order granting maintenance of Rs. 800/- is on higher side, which may suitably reduced.

3.

None for the Respondent.

4.

As pointed out by the Family Court that the Respondent owned some agricultural land and also works as labour. In these circumstances looking to the age of Respondent No.2 and earning capacity and financial status of the Applicant, monthly maintenance of Rs. 800/- is not on higher side, which in my considered opinion is just and proper. 5.

Accordingly, I do not find any merit in this revision and the same is dismissed.

Sd/- (Arvind Singh Chandel) Judge Rahul