High Court of Chhattisgarh dismissed a criminal revision seeking to quash family court maintenance awards of Rs. 2,500 and Rs. 4,000, holding the award was not disproportionate given the husband 's earning source of running a hotel.
Revised petition and interim relief application dismissed without expenses.
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 Criminal Revision No.488 of 2017
---- Revisioner/Applicant
Versus
1. Smt. Anita Nage W/o Ishwar Nage Aged About 30 Years R/o Ward No. 10, Ramnagar Purana Bazar, Dalli Rajhara, Police Station Rajhara, Tahsil Doundi, District Balod, Chhattisgarh.
2. Hanshikha Nage D/o Ishwar Nage Aged About 2 Years Through Her Natural Guardian: Anita Nage W/o Ishwar Nage, R/o Ward No. 10, Ramnagar Purana Bazar, Dalli Rajhara, Police Station Rajhara, Tahsil Doundi, District Balod, Chhattisgarh.
---- Non Revisioners/Respondents
For Revisioner/applicant : Shri Prasoon Agrawal, Advocate For respondents : Shri Rishikant Mahobia, Advocate
Hon'ble Shri Justice Ram Prasanna Sharma Order On Board
14.11.2017
2 . This revision has been preferred against the order dated 06.4.2017 passed by First Additional Principal Judge, Family Court (Link Court) Balod (CG) in Misc. Criminal Case No.66/2016 wherein the said Court granted maintenance of Rs.2500/- per month to non-revisioner No.1, who is the wife of the revisioner and Rs.4000/- per month to non-revisioner No.2, who is the handicapped daughter of the revisioner.
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3 . Learned counsel for the revisioner submits that maintenance awarded by the Family Court is on higher side and the same is disproportionate.
4 . Relation between the parties is admitted. The revisioner is running a hotel and earning by the same source. It has come on evidence that the revisioner has relationship with some other girl and that is why non-revisioner No.1 and her daughter are living separately from the revisioner. It cannot be said that they are living separately without sufficient cause. Enquiry under Section 125 CrPC is a summary enquiry in which it cannot be decided which party was wrong. It provides day to day maintenance to the wife and children. Minimum wages prevailing is Rs.300/- per day which comes out to Rs.9,000/- per month. The trial Court awarded Rs.6500/-per month in total as maintenance to the nonrevisioners which cannot be termed out as disproportionate or unreasonable. No legal issue is involved in the present revision and the revisioner has not made any effort for restitution of his wife.
5 . The revision is without substances and the same is dismissed at the motion stage itself. Consequently, IA No.01/2017 for interim relief stands dismissed.
Sd/-
(Ram Prasanna Sharma) JUDGE
Bini
2 issues framed by the court
Whether the maintenance awarded by the Family Court is disproportionate and excessive.
Whether the separation of parties amounts to sufficient cause for denial of maintenance.
1 provisions across 1 enactments
Ishwar Nage
Smt. Anita Nage
Hanshikha Nage
Ram Prasanna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
