The High Court of Chhattisgarh dismissed a revision seeking to reduce child maintenance enhanced to Rs.7000 per month by the Family Court. The Court held no legal issue existed to disturb the order.
Revision dismissed; interim relief application dismissed at the motion stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRR No. 1029 of 2017
----Revisioner/applicant
Versus
---- Non Revisioner/Respondent
For Revisioner/applicant : Shri Prateek Kumar Singh, Advocate
Hon'ble Shri Justice Ram Prasanna Sharma
Order On Board
06.11.2017
2 . This revision is preferred against the order dated 27.7.2017 passed by the Family Court, Kabirdham (CG) in Misc,. Cr. Case No. 377/2017, wherein the Family Court had enhanced the maintenance from Rs.3000/- to Rs.7000/- per month granted to the non-revisioner, who is daughter of the revisioner/applicant aged about 4 ½ years.
3. Learned counsel for the applicant submits that salary of the applicant is not enhanced to Rs.30,375/- per month, even then also the amount of maintenance has been enhanced.
4 . On perusal, it is apparent from para 11 that the applicant had admitted before the trial Corut that he is presently working as Shiksha Karmi Grade-II and is getting Rs.30,7000/-per month. Wife
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of the applicant is also an earning member and the applicant is not paying maintenance to the wife and he is only paying maintenance to his minor daughter, aged about 4 1/2 years . The Family Court had awarded Rs.7000/- per month as maintenance to the minor daughter, which cannot be termed as unreasonable or disproportionate looking to the income of the applicant. The applicant has to maintain the only daughter and no other liability is fastened on him by the Court. The order of the Family Court is not liable to be interfered with. The applicant/revisioner on changed circumstances can file application before the Family Court for modification of the order, but at the moment there is nothing on record to interfere with the order of the Family Court as there is no legal issue. Thus, the revision is dismissed at the motion stage itself.
5 . Consequently, I.A.No.1/2017 for grant of interim relief is also dismissed.
Sd/
(Ram Prasanna Sharma)
JUDGE
sunita
1 issue framed by the court
Whether the Family Court order enhancing child maintenance from Rs.3000 to Rs.7000 per month warrants interference in a revision petition.
Chandrashu Tiwari
Ku. Avika Tiwari
Ram Prasanna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
