High Court Of ChhattisgarhCRR/816/2016dismissed

Daniram Joshi v. Smt. Manbha Joshi

2016-09-02Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No.

• Daniram Joshi S/o Purru Joshi Aged About 29 Years R/o Village & PostMedesara, Tehsil- Dhamdha, Dist- Durg Chhattisgarh ---- Applicant

Versus

1. Smt. Manbha Joshi W/o Daniram Joshi Aged About 25 Years R/o Village & Post- Medesara, Tahsil - Dhamdha, Distt- Durg Chhattisgarh

2. Vikash Joshi S/o Daniram Aged About 8 Years Through Legal Representative / Mother Manbha Joshi, R/o Village & Post- Medesara, Tahsil - Dhamdha, Distt- Durg Chhattisgarh

3. Vicky Joshi S/o Daniram Joshi Aged About 6 Years Through Legal Representative / Mother Manbha Joshi, R/o Village & Post- Medesara, Tahsil - Dhamdha, Distt- Durg Chhattisgarh ---- Non-applicants For Applicant :

Mr. Akhtar Hussain, Advocate.

SB: Hon'ble Shri Justice P.Sam Koshy Order On Board 02/09/2016

1. The Applicant through the present Criminal Revision intends to challenge the order dated 05.05.2016 whereby the Additional Principal Judge, Family Court, Durg in Misc. Criminal Case No. 430/2015 in a proceeding under Section 127 of CrMP has enhanced the maintenance amount payable to the Non-applicants No. 1 to 3, the earlier award from Rs. 500/- to Non-applicant No.1 and Rs. 250/- each to Non-applicant No. 2 & 3 have been enhanced to Rs. 1000/- each to all the three Non-applicants.

2. Without entering into the merits of the case, taking into consideration the amount which has been enhanced by the Court below, if the entire amount payable is cumulatively taken it leads to only Rs. 3000/- per month if distributed to 30 days in a month it comes to Rs. 100/- per day.

3. It is hard to believe that three persons can survive in todays cost of living with only Rs. 100/- per day. If the Court below has enhanced the maintenance payable to the three Non-applicants added together by Rs. 100/- per day, in the opinion of this Court, the amount enhanced by the Court below in no stretch of imagination is exorbitant or on higher side calling for interference, therefore the order enhancing the maintenance amount does not warrant any interference.

4. Accordingly, the Revision Petition being devoid of merits, the same is dismissed.

Sd/- (P. Sam Koshy) JUDGE kishore