Dismissed

Surendra Raj v. Devkunwar

Chhattisgarh HC13 Nov 2017CRR/622/2017

Case brief

AI extract

What is this about?

In this criminal revision, the High Court of Chhattisgarh dismissed a plea against a Family Court maintenance order. The Court held that Section 125 CrPC proceedings are summary in nature and do not require detailed evidence resolution regarding the cause of separation or allegations of harassment before granting day-to-day maintenance.

What did the court decide?

Revision dismissed at the admission stage without any further inquiry.

Surendra Raj Vs Devkunwar — Maintenance and Alimony | Chhattisgarh HC (2017)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No.622 of 2017

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Surendra Raj S/o Prem Singh Raj, Aged About 45 Years R/o Dahira, Police Station & Tahsil- Sarangarh, District Raigarh, Chhattisgarh, Posted As Teacher (Panchayat), Government Pre Middle School, Basin, Post- Ghoghri, Police Station & TahsilMalkharoda, District- Janjgjr- Champa, Chhattisgarh.

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---- Revisioner/Applicant

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Versus

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1. Devkunwar W/o Surendra Raj Aged About 39 Years Caste Gond, R/o Village- Tohiladil, Tahsil & Police Station- Sakti, District- Janjgir- Champa, Chhattisgarh.

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2. Ku. Versha D/o Surendra Raj Aged About 9 Years Occupation Student, R/o Village Tohiladil, Tahsil & Police Station- Sakti, District- Janjgir- Champa, Chhattisgarh.

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---- Non Revisioners/Respondents

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For Revisioner/applicant : Shri Kamlesh Kumar Pandey, Advocate For respondents : None present.

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Hon'ble Shri Justice Ram Prasanna Sharma Order On Board

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13.11.2017

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1 . Heard on admission.

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2 . This revision has been preferred against the order dated 10.5.2017 passed by Family Court (Link Court), Sakti, Distt. Janjgir-Champa (CG) in Misc. Criminal Case No.34/2015 wherein the said Court granted maintenance of Rs.5000/- per month to non-revisioner No.1, who is his wife and Rs.2500/- per month to non-revisioner No.2, who is the daughter of the revisioner.

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3 . Relation between the parties is admitted. It is also established that the revisioner is Shiksha Karmi Grade-II and getting more than Rs.36,000/- per month. The Family Court

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awarded maintenance of Rs.7,500/- in all to both the nonrevisioners.

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4 . It is contended on behalf of the revisioner that nonrevisioner No.1 is living separately without any cause, therefore, she is not entitled for any maintenance.

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5 . As per the evidence adduced before the Family Court, the revisioner harassed non-revisioner No.1 for dowry and also assaulted her. Proceedings under Section 125 of the CrPC is summary in nature for providing day to day maintenance to wife and children. In this enquiry it cannot be decided as to which party was wrong if they are living separately. It is not a case where all the issues can be decided after recording elaborate evidence and other issues raised before the Court which is simply granting maintenance. The revisioner is free to file application for restitution of conjugal rights and can exhaust other remedies available under the law. The maintenance amount granted by Family Court is not disproportionate or unreasonable looking to the regular income of the revisioner and no serious issue is raised in this revision.

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6 . The revision is accordingly dismissed at the motion stage itself.

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Sd/(Ram Prasanna Sharma)

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JUDGE

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Bini

Surendra Raj v. Devkunwar

Case brief

What is this about?

What did the court decide?

Surendra Raj v. Devkunwar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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