Dismissed

Sanjay Kumar Sahu v. Smt. Nisha Sahu

Chhattisgarh HC10 Nov 2017CRR/838/2017

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh dismissed a revision petition challenging a Family Court order awarding monthly maintenance to the wife and minor sons. The court held the total maintenance of Rs.14,000 was not unreasonable given the husband's admitted income and evidence of domestic violence.

What did the court decide?

Revision application dismissed; stay application also dismissed.

Sanjay Kumar Sahu Vs Smt. Nisha Sahu — Maintenance and Alimony | Chhattisgarh HC (2017)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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CRR No. 838 of 2017

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Sanjay Kumar Sahu S/o Shivdas Sahu, Aged About 34 Years R/o B-11, Street 23, Ashish Nagar Rishali, West Bhilai, Tahsil & District Durg, Chhattisgarh

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---- Revisioner/Applicant

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Versus

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1. Smt. Nisha Sahu W/o Sanjay Kumar Sahu, Aged About 32 Years R/o Qt. No. 204/ B, New Ruvabandha Sector, Phase-2, Bhilai Tahsil & District Durg, Chhattisgarh

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2. Bhaumik Kumar Sahu S/o Sanjay Kumar Sahu, Aged About 5 Years Minor Through Legal Guardian Mother Smt. Nisha Sahu, R/o Qt. No. 204/ B, New Ruvabandha Sector, Phase-2, Bhilai Tahsil & District Durg, Chhattisgarh

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3. Raghav Kumar Sahu S/o Sanjay Kumar Sahu, Aged About 3 Years Minor Through Legal Guardian Mother Smt. Nisha Sahu, R/o Qt. No. 204/ B, New Ruvabandha Sector, Phase-2, Bhilai Tahsil & District Durg, Chhattisgarh

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---Non-revisioner/Respondents

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For Revisioner/applicant : Shri Sanjay Kumar Dewangan, Advocate For Respondents : None though served.

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Hon'ble Shri Justice Ram Prasanna Sharma

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Order On Board

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10.11.2017

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Heard on admission.

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This revision is preferred against the order dated 10.8.2017 passed by the Principal Judge, Family Court Durg(CG) in Cr. MJC No.464/2016, wherein, the said Court has awarded maintenance of Rs.8,000/- per month to non-revisioner No.1(wife), Rs.3,000/- per

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month to non-revisioner No.2 and Rs.3,000/- per month to nonrevisioner No.3, who are the sons of the revisioner/applicant.

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Relation between the parties is not in dispute. The revisioner is husband of non-revisioner No.1 and father of non-revisioner Nos. 2 and 3.

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Learned counsel for the revisioner submits that the maintenance awarded by the Family Court is on higher side looking to the status of the revisioner/applicant.

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The order of the Family Court reveals that the revisioner has admitted that when he was working at Delhi, his monthly salary was Rs.41,000/-., and thereafter, he worked at Jaipur and now he is doing Transport Business.

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The revisioner/applicant is under obligation to prove his monthly income and looking to his statement assessment of the Family Court regarding his income as Rs.50,000/- per month is not liable to be interfered with. Again, there is evidence of violence by the revisioner against non-revisioner No.1 and there is sufficient cause for living her separately from the husband/revisioner. The revisioner is duty bound to maintain his wife and both the children. The Family Court has awarded total maintenance of Rs.14,000/- per month to the non-revisioners which cannot be termed as disproportionate or unreasonable. No legal issue is involved in the matter. The order of the Family Court does not suffer from any irregularity or infirmity and the same is not liable to be interfered with

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invoking jurisdiction of revision. Thus, the revision is hereby dismissed at the motion stage itself.

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Consequently, I.A.No.1/2017 which is an application for grant of stay is also dismissed.

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Sd/-

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(Ram Prasanna Sharma)

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JUDGE

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sunita

Sanjay Kumar Sahu v. Smt. Nisha Sahu

Case brief

What is this about?

What did the court decide?

Sanjay Kumar Sahu v. Smt. Nisha Sahu

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

Case details

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