Dismissed

Niraj Sen v. Smt. Laxmi Sen

Chhattisgarh HC4 May 2022CRR/457/2022

Case brief

AI extract

What is this about?

The Chhattisgarh High Court dismissed a criminal revision against an interim maintenance order. The court held that the applicant, despite claiming no income, appears competent to maintain his wife and daughter and refused to interfere with the quantum at the motion stage, directing expedited trial instead.

What did the court decide?

The criminal revision was dismissed; the Family Court was directed to expedite the trial.

Niraj Sen Vs Smt. Laxmi Sen — Maintenance and Alimony | Chhattisgarh HC (2022)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

Criminal Revision No. 457 of 2022

¶5

Niraj Sen, son of Santosh Sen, aged about 28 years, residence of Mangla Chouk, Office Femina Sailun Unik, Seksan, Purana Bus Stand Bilaspur, District Bilaspur (C.G.)

¶6

---- Applicant

¶7

Versus

¶8

Smt. Laxmi Sen, wife of Santosh Sen, aged about 25 years,

¶9

Minor Ku. Palak, aged about 2 years,

¶10

Natural guardian mother Laxmi Sen wife of Niraj Sen, both residence of Manasnagar, Tahsil and District Korba (C.G.)

¶11

----Respondents

¶12

For Applicant : Mr. Vikash Kumar Pandey, Advocate. For Respondents : None present.

¶13

Hon'ble Mr. Justice N.K. Chandravanshi

Order On Board

04-05-2022

Heard on admission.

(1) This revision has been preferred against the order dated 11.03.2022 passed by Principal Judge, Family Court, Korba, District Korba in Case No. 107/2021 whereby interim maintenance to the tune of Rs.3,000/- and Rs.2,500/-, respectively, have been granted in favour of respondents during pendency of the main proceeding under Section 125 of the Code of Criminal Procedure.

¶18

(2) Learned counsel for the applicant would submit that respondent No. 1, who is wife of applicant, has filed an application under Section 125 of the Cr.P.C. for granting maintenance from the applicant/husband stating that the applicant and respondent No. 1 are legally wedded husband & wife and respondent No. 2 is their daughter. It is submitted that respondent No. 1 alongwith their daughter is living separately from the applicant/husband without any valid and sufficient reasons. It is also submitted that despite the fact that applicant is not having any source of income and no such document

¶19

¶20

has been filed by respondent No. 1/wife to prove the income of the applicant, aforesaid amount of interim maintenance has been granted in favour of respondents, which is bad and unsustainable in law, and, therefore, the impugned order deserves to be set aside.

¶21

(3) I have heard learned counsel for the applicant and perused the impugned order as well as material available on record.

¶22

(4) It is not in dispute that applicant and respondent No. 1 are legally wedded husband and wife and respondent No. 2 is their daughter born out of their wedlock, hence, he is under obligation to maintain his wife & daughter. Whether respondent No. 1/wife is having sufficient reasons to live separately from applicant/husband is matter of evidence but the applicant, being a husband and father, is legally and morally responsible to maintain them.

¶23

(5) So far as quantum of interim maintenance is concerned, as per impugned order, respondents have pleaded that the applicant/husband is working in Famina Cellon and used to earn Rs. 40,000/- per month, although this fact has been disputed by learned counsel for the applicant, as no document has been filed by respondents to prove this fact, despite that, it appears that the applicant/husband is very much competent to maintain his wife and daughter (respondents herein). Thus, the amount of interim maintenance of Rs.3,000/- and Rs.2,500/-, respectively, granted in favour of respondents, respectively cannot be said to be on higher side looking to the cost of living and price index now a days. Thus, I am not inclined to entertain this revision against the order of interim maintenance.

¶24

(6) Consequently, the criminal revision, being devoid of merit, is liable to be and is hereby dismissed at the motion stage itself. However, learned Family Court is directed to expedite the trial and conclude the same as early as possible.

¶25

Sd/(N.K. Chandravanshi) Judge

¶26

D/-

¶27

¶28

Niraj Sen v. Smt. Laxmi Sen

Case brief

What is this about?

What did the court decide?

Niraj Sen v. Smt. Laxmi Sen

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

Similar cases

A Juvenile in Conflict With Law Vs State of Chhattisgarh

Xyz Vs the State of Chhattisgarh

Abc Vs State of Chhattisgarh

Xyz Vs State of Chhattisgarh

Xyz Vs the State of Chhattisgarh

Abc Vs State of Chhattisgarh