High Court revisited the order of Family Court granting Rs. 1200/- monthly maintenance to the wife under Section 125 Cr.P.C. The Court held that the award was just and proper and dismissed the revision.
Revision dismissed; Family Court order granting Rs. 1200/- monthly maintenance to the wife is affirmed.
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. 762 of 2015
Ravishankar Kaushal (Kotendra) S/o Shri Mahaveer Kaushal, aged about 46 years R/o Village- Siwni, Thana Balod, Civil & Revenue, Distt. Balod (C.G.)
---- Applicant
Versus
Smt. Janki Bai Kaushal W/o Shri Ravishanker Kaushal, aged about 43 years, R/o Ward No. 19, Subhash Chowk, Dallirajahra, Thana & Tahsil- Doundi, Civil & Revenue Distt- Baloda (C.G.).
---- Respondent
| For Applicant : Mr. |
Samir Singh, Advocate |
|---|---|
| For Respondents : Ms. |
Laxmin Kashyap, Advocate |
Hon'ble Shri Justice Arvind Singh Chandel
Order on Board
02/04/2019
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her parents. It was further pleaded that her daughter namely Ku. Mona got birth in her paternal house. At that time, the Applicant did not bear any expenses of delivery and he also not provided any amount for maintenance of her and her daughter. It was further pleaded that the Applicant without taking any divorce from her, has kept one lady with him as wife. It was pleaded by him that she is unable to maintain herself and the Applicant has sufficient means to maintain her.
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about 4 months and thereafter no cohabitation took place between them, therefore, this son is not of the Applicant. He further submits that from the above it is clear that she is living adulterous life, therefore, she is not entitled to get any maintenance. He further submits that the Respondent is residing separately since 1996 and after more than 25 years, she had filed this application only to harass the Applicant, but ignoring this fact, the Family Court has granted maintenance in her favour.
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Respondent has illicit relation with Nathu, the Respondent has categorically denied this fact during her cross examination. There is no evidence submitted by the applicant which shows that the Respondent has lived with the said Nathu or someone else. Thus, it is not established that the Respondent/ Wife has illicit relation with Nathu or someone else. From the admission of the Applicant, it is clear that without taking any legal divorce, he has performed second marriage with another lady, therefore, this fact is sufficient reason for the Respondent to reside separately.
Sd/- (Arvind Singh Chandel) Judge
Rahul
2 issues framed by the court
Whether the Applicant is entitled to challenge the maintenance award granted to the Respondent wife under Section 125 of the Cr.P.C.
Whether the quantum of monthly maintenance of Rs. 1200/- granted is arbitrary or discriminatory.
1 provisions across 1 enactments
Ravishankar Kaushal
Janki Bai Kaushal
Arvind Singh Chandel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
