Ishrafil Khan v. Smt. Shahina Parvin

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No.1399 of 2018 Ishrafil Khan, S/o Late (Marhoom) Noor Khan, aged about 36 years, R/o Boriyakhurd 5, Building Second Floor, Q.No.218, P.S. Tikrapara, Tahsil Raipur, District Raipur, Chhattisgarh, Office Add. Patra India, VPO, Service Pvt. Company, Fafadih Chowk, Bilaspur Road, Raipur, Tahsil and District Raipur, Chhattisgarh ---- Applicant versus

1. Smt. Shahina Parvin, aged about 33 years, W/o Ishrafil Khan,

2. Huriya Fatima, aged about 1 year, D/o Ishrafil Khan, through Guardian Smt. Shahina Parvin, Both R/o Idgaah Bhatha, Police Station Azad Chowk, Raipur, District Raipur, Chhattisgarh --- Respondents For Applicant :

Shri Vinod Tekam, Advocate For Respondents :

None Hon'ble Shri Justice Arvind Singh Chandel Order on Board 4.1.2019 1.

Heard on admission.

2.

The instant revision has been preferred against the order dated 14.11.2018 passed by the Family Court, Raipur in Case No.755 of 2017, whereby the Family Court has granted interim maintenance of Rs.3,000/- per month in favour of Respondent No.1/wife and that of Rs.2,000/- per month in favour of Respondent No.2/daughter. 3.

It is not in dispute that the Respondents are wife and daughter of the Applicant and they are presently residing separately from him. It is also admitted by the Applicant that he is working with a private company and getting monthly salary of Rs.9,000/-. Though it was

pleaded by the Applicant that Respondent No.1/wife also works as a teacher and gets monthly salary of Rs.15,000/-, no documentary evidence is available in this regard. Therefore, looking to the earning capacity of the Applicant, the grant of interim maintenance of Rs.3,000/- per month in favour of Respondent No.1/wife and that of Rs.2,000/- per month in favour of Respondent No.2/daughter is just and proper.

4.

Consequently, the revision is dismissed at the stage of admission itself.

Sd/- (Arvind Singh Chandel) Judge Gopal