Smt. Jaymati Bai v. Rajkumar Yadav

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No.587 of 2016

1. Smt. Jaymati Bai, W/o Shri Rajkumar Yadav, aged about 28 years,

2. Minor Anurag Yadav, S/o Shri Rajkumar Yadav, aged about 7 years, Both are by Caste Mahkul, R/o Village Kotiya, Thana Narayanpur, Tahsil Kunkuri, Civil and Revenue District Jashpur, Chhattisgarh ---- Applicants versus Rajkumar Yadav, S/o Adhanubina Barik, aged about 35 years, By caste Mahkul, R/o Village Jahratoli, Thana Narayanpur, Tahsil Bagicha, Civil and Revenue District Jashpur, Chhattisgarh --- Respondent ------------------------------------------------------------------------------------------------------ For Applicants :

Shri Sunil Sahu, Advocate For Respondent :

Shri J.K. Saxena, Advocate ------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Arvind Singh Chandel Order on Board 18.7.2018 1.

With the consent of Learned Counsel appearing for the parties, the matter is heard finally.

2.

Vide the impugned order dated 13.5.2016 passed in M.Cr.C. No.98 of 2015, the Family Court, Jashpur, partly allowing the application under Section 125 of the Code of Criminal Procedure filed by the Applicants/wife and minor son, has granted them monthly maintenance of Rs.700/- and Rs.500/-, respectively. The instant revision has been preferred by them for enhancement of the maintenance.

3.

I have heard Learned Counsel appearing for the parties and perused the material available with due care.

4.

The Family Court has found that 5 acres of agricultural land is registered in the joint names of the Respondent and his brother. Thus, it is clear that the Respondent owns some agricultural land. He also works as a labour. In these circumstances, the maintenance granted by the Family Court in favour of the Applicants is on lower side and deserves to be enhanced suitably. 5.

Therefore, the monthly maintenance granted by the Family Court is enhanced from Rs.700/- to Rs.1,000/- in favour of Applicant No.1/wife and from Rs.500/- to Rs.700/- in favour of Applicant No.2/minor son. The enhancement made in the monthly maintenance shall be effective from today itself. 6.

In the result, the revision is allowed to the extent indicated above. Sd/- (Arvind Singh Chandel) JUDGE Gopal