Kamlesh Kumar Bande v. Smt. Lakshani Bande

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 1362 of 2019 • Kamlesh Kumar Bande S/o Mahetar Ram Bande Aged About 31 Years R/o Village Sonpur Police Station and Tehsil Kurud Dist. Dhamtari Chhattisgarh...(Applicant), District : Dhamtari, Chhattisgarh ---- Applicant

Versus

1. Smt. Lakshani Bande D/o Harilal Satnami Aged About 21 Years W/o Kamlesh Kumar Bande R/o Village Chhanta Police Station Gobra Dist. Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. Sandeep Kumar Bande S/o Kamlesh Kumar Bande Aged About 07 Month. Through Natural Guardian His Mother Smt. Lakshani Bande Respondent No 01. R/o Village Chhanta Police Station Gobra Dist. Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents For Applicant - Shri Akhilesh Kumar, Advocate. For Respondents - Shri J.K. Gupta, Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 12-03-2020 1.

This revision petition has been brought being aggrieved by the order dated 31-08-2019 by which the Family Court Raipur has allowed the application of the respondents and granted interim maintenance of Rs.4500/- per month to them.

2.

It is submitted that the interim maintenance by the impugned order is excessive for the applicant for the reason that he had been working in a printing press as Computer Operator and getting a monthly salary of only Rs.5000/- and subsequent to that he has become unemployed, therefore, he is unable to pay maintenance to the respondents. Therefore, the impugned order be interfered with.

3.

Learned counsel for the respondents opposes the submission and submits that there is no need for any interference in the impugned order.

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On perusal of the impugned order, it is found that learned Family Court has observed about capacity of the applicant to pay maintenance and ordered accordingly. The other arguments submitted by the applicant side are subject matter of appreciation and inquiry by the Court below when the final order will be passed, which cannot be appreciated by this Court in revisional jurisdiction. Therefore, I do not find any error committed in the impugned order. Therefore, this revision petition is dismissed at motion stage. The Family Court is directed to expedite the proceeding and conclude the same preferably within a period of three months.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil