In this criminal revision, the High Court of Chhattisgarh dismissed the applicant's challenge to an order enhancing the respondent wife's maintenance to Rs.7,000/- per month, finding the enhancement just and proper based on the applicant's retirement salary and estimated pension.
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.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Criminal Revision No.176 of 2018
Nasib Khan, son of late Kapte Khan, aged bout 61 years, resident of Q.N.82, Sector No.5, Balco, District Korba, Chhattisgarh (Now the applicant has been retired from service therefore office address not mentioned)
---- Applicant
versus
Smt. Akhtarunisha, wife of Nasib Khan, aged about 59 years, resident of Talapara, Police Station Civil Line, Bilaspur, District Bilaspur, Chhattisgarh
--- Respondent
| --------------------------------- | --------------------------------------------------------------------- |
|---|---|
| For Applicant | : Shri Akath Kumar Yadav, Advocate |
| For Respondent | : Shri Kripesh G. Kela, Advocate |
Hon'ble Shri Justice Arvind Singh Chandel
Order on Board
19.7.2018
1. With the consent of Learned Counsel appearing for the parties, the matter is heard finally.
2. Vide order dated 29.7.2013 passed under Section 125 of the Code of Criminal Procedure, Rs.3,000/- per month was granted in favour of the Respondent/wife as maintenance. Thereafter, an application under Section 127 of the Code of Criminal Procedure was preferred by the Respondent/wife. Vide order dated 12.4.2014, the maintenance of Rs.3,000/- was enhanced to Rs.5,500/- per month. The Respondent/wife further filed an application under Section 127 of the Code of Criminal Procedure for enhancement of the maintenance which was allowed by the Family Court vide the impugned order dated 23.11.2017 and the enhancement was made from Rs.5,500/- to Rs.7,000/- per month.
2
3. It is not in dispute that at present, the Applicant/husband has retired from service, but after retirement what amount is he getting as pension has not been disclosed by him. In the year 2013, the monthly salary of the Applicant/husband was about Rs.40,000/and, therefore, his pension can be assessed to Rs.25,000/- per month approximately. Hence, the enhancement made to Rs.7,000/- per month is just and proper.
4. I find no merit in the revision. It is, therefore, dismissed.
Sd/-
( Arvind Singh Chandel ) JUDGE
Gopal
3 issues framed by the court
Whether the enhancement of maintenance from Rs.5,500/- to Rs.7,000/- per month is just and proper given the applicant's retired pension income.
Whether the applicant's contention regarding undisclosed present pension income negates the enhancement order.
Whether the criminal revision against the Family Court's impugned order has any merit.
2 provisions across 1 enactments
Nasib Khan
Akhtarunisha
Arvind Singh Chandel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
