Dismissed

Halim Khan v. Raziya Begam

Chhattisgarh HC2 Mar 2023CRR/230/2023

Case brief

AI extract

What is this about?

This order dismisses a criminal revision filed by a husband challenging a Family Court's interim maintenance award. The High Court held that the lower court's decision, aligning with Supreme Court precedents, should not be disturbed.

What did the court decide?

The criminal revision petition is dismissed, upholding the Family Court's order granting interim maintenance of Rs. 2,500/- to the wife and Rs. 1,500/- to the son.

Halim Khan Vs Raziya Begam — Maintenance and Alimony | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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CRR No. 230 of 2023

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Halim Khan S/o Salim Khan, Aged About 37 Years R/o Near Kukurbhora Talab, Sargaon, District : Mungeli, Chhattisgarh

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---- Applicant

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Versus

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Raziya Begam W/o Halim Kham Aged About 28 Years Caste Musalman, R/o Near Kukurbhora Talab, Sargaon, Police Station Sargaon, District Mungeli Chhattisgarh, Presently R/o Ward No. 9, Bairagpara, Pandariya Police Station And Tahsil Pandariya, District : Kawardha (Kabirdham), Chhattisgarh

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Mohammad Yasir Shekh S/o Halim Khan, Aged About 10 Month Caste Musalman, Through Natural Guardian Mother R/o Near Kukurbhora Talab, Sargaon, Police Station Sargaon, District Mungeli Chhattisgarh, Presently R/o Ward No. 9, Bairagpara, Pandariya Police Station And Tahsil Pandariya, District : Kawardha (Kabirdham), Chhattisgarh ---- Non-Applicant

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For Applicant : Mr. Qamrul Aziz, Advocate

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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02.03.2023

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Heard.

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The applicant has filed this criminal revision against the order dated 17.01.2023, passed by the learned Family Court, Kabirdham, District Kabirdham (CG), whereby learned Family Court has granted interim maintenance of Rs. 2,500/- to nonapplicant No.1/wife and Rs.1,500/- to non-applicant No.2/Son.

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Learned counsel for the applicant would submit that the present applicant/husband has no source of income. He would further submit that the interim maintenance has been awarded on higher side and whereas no affidavit was filed according to the decision of the Hon'ble Supreme Court in the case of Rajnesh Versus Neha and another, (2021) 2 SCC 324.

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I have heard learned counsel for the applicant and perused the impugned order.

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The Hon’ble Supreme Court in the matter of Rajnesh (supra) has held that if the wife is working, it cannot be a ground to deny her maintenance. The Hon’ble Supreme Court has held as under:-

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“ 80 ..............The plea of the husband that he does not possess any source of income ipso facto does not absolve him of his moral duty to maintain his wife if he is able-bodied and has educational qualifications”

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Considering the law laid down by the Hon’ble Supreme Court in the matter of Rajnesh (supra) and finding recorded by the learned Family Court, I am not inclined to interfere with the order passed by learned Family Court. Consequently, the Revision Petition is dismissed.

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Sd/-

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(Rakesh Mohan Pandey) Judge

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Rekha

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Halim Khan v. Raziya Begam

Case brief

What is this about?

What did the court decide?

Halim Khan v. Raziya Begam

Case brief

What is this about?

What did the court decide?

What the court decided

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