Shekhar Sahu v. Smt. Sushma Sahu

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No.1134 of 2017 Shekhar Sahu, S/o Premlal Sahu, aged about 30 years, R/o Near School, Anandgaon, Police Station Berla, District Bemetara, Chhattisgarh ---- Applicant versus

1. Smt. Sushma Sahu, W/o Shekhar Sahu, aged about 27 years,

2. Nitin Sahu, S/o Shekhar Sahu, age 9 years, Minor, Guardian Caretaker Mother Sushma Sahu, Both are R/o Village Durga Chowk, Bada Ashok Nagar, Gudhiyari, Raipur, District Raipur, Chhattisgarh --- Respondents For Applicant : Shri Rajesh Roshan Singh, Advocate For Respondents : Ms. A.D. Kuldeep, Advocate Hon'ble Shri Justice Arvind Singh Chandel Order on Board 29.6.2018 1.

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

2.

Vide order dated 5.10.2017, the Family Court, Raipur has granted interim maintenance of Rs.4,000/- per month in favour of Respondent No.1/wife and Rs.2,500/- per month in favour of Respondent No.2/son.

3.

It is admitted that Respondents No.1 and 2 are the wife and son of the Applicant, respectively and they are residing separately from him. Though as per the pleadings of Respondent No.1/wife, the Applicant is working in a transport company and getting Rs.15,000/- per month and he also owns 3 acres of agricultural land in his village. The Applicant has admitted the fact that he is working in a transport company, but as per his pleading, he is getting only Rs.6,000/- per month from the said job. In support of

his contention, he has submitted a salary certificate (Annexure R/4). Apart from this, there is nothing on record to show that he owns any agricultural land. In these circumstances, I find that the interim maintenance granted by the Family Court in favour of the Respondents is on higher side and deserves to be reduced. 4.

Therefore, the interim maintenance of Rs.4,000/- granted in favour of Respondent No.1/wife is reduced to Rs.2,000/- per month and the interim maintenance of Rs.2,500/- granted in favour of Respondent No.2/son is reduced to Rs.1,000/- per month. This reduction in the interim maintenance shall be effective from 5.10.2017, i.e., the date on which the impugned order was passed by the Family Court.

5.

Accordingly, the instant revision is allowed in the aforesaid terms. Sd/- (Arvind Singh Chandel) Judge Gopal