Satyanarayan Soni v. Kumari Bhoomi Soni

HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 619 of 2017 Satyanarayan Soni S/o Late Mahesh Ram Soni Aged About 36 Years R/o Village Amoda, Police Station Nawagarh, District JanjgirChampa, Chhattisgarh. ---- Applicant

Versus

1. Kumari Bhoomi Soni D/o Shri Satyanarayan Soni Aged About 10 Years

2. Abhinav Soni, S/o Satyanarayan Soni, Aged About 8 Years Both Minor Through Natural Guardian Mother Smt. Rama Soni Aged About 35 Years W/o Shri Satyanarayan Soni, R/o Telipara, Bilaspur, Police Station Civil Line, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh.

---- Respondent For applicant - Ms. Mandavi Bharadwaj, Advocate. Hon'ble Shri Justice Goutam Bhaduri Order 28/06/2017 1.

Heard on application for condonation of delay in filing the revision. 2.

On due consideration, delay in filing the revision of 128 days is condoned.

3.

Heard on admission.

4.

Petition is against the order dated 7/11/2016 passed in MJC No.95/2016 by the Additional Principle Judge, Family Court, Bilaspur whereby amount of Rs.1000/- each total Rs.2000/- has been awarded to the minor children respondents No. 1 and 2 herein. Case was filed by minor children Kumari Bhoomi Soni aged about 10 years and Abhinav Soni aged about 8 years through their mother Smt. Rama Soni against non-applicant Satyanarayan Soni and it was alleged that they have been

deserted by the non-applicant and no amount has been paid to the children for their maintenance.

5.

Perusal of the order would show that relation inter-se between the parties are not denied that non-applicants are the children of the applicant herein and the trial court has recorded that income of the father is ranging between Rs.25,000/- to Rs.26,000/-. Considering the totality, since it is matter of interim maintenance father would be at liberty to adduce necessary evidence to rebut and claim for reduction of the same. 6.

In the result taking into quantum of maintenance as against the price index in the society no illegality appears to have been committed by the court below and I do not find any reason to interfere in such order. 7.

Accordingly, the petition is dismissed.

Sd/- (Goutam Bhaduri) JUDGE gouri