Dismissed¶¶23

Akash Deep Manhar v. Smt. Manju Manhar

Chhattisgarh HC4 May 2025CRR/25/2025

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur — CRR No. 25 of 2025, decided 05.05.2025 by Ravindra Kumar Agrawal, J. Husband's revision against Family Court (IInd APJ, Bilaspur) interim-maintenance order dated 04.06.2024 in MJC No.842/2023 awarding wife Rs.1500 per month was dismissed at admission stage after condonation of delay (IA No.01/2024). Key points: interim maintenance assessed on affidavits and material before Family Court; quantum discretionary, based on day-to-day expenses, social status and earning capacity; Rs.1500/- per month not exorbitant given present cost of living; no interference warranted.

What did the court decide?

None to the applicant; the impugned interim maintenance of Rs.1500/- per month in favour of the respondent wife stands upheld. ¶¶23

Akash Deep Manhar Vs Smt. Manju Manhar — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None to the applicant; the impugned interim maintenance of Rs.1500/- per month in favour of the respondent wife stands upheld.

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Issue for consideration

Whether the Family Court's order granting interim maintenance of Rs.1500/- per month to the respondent wife was sustainable, given the applicant's contention that it rested on insufficient material (only Aadhar Card) and that the wife was residing separately without sufficient cause.

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Court's answer

An order of interim maintenance is to be passed on the basis of the affidavits of the parties and the material produced before the Family Court; the quantum of interim maintenance is the discretion of the Family Court, to be based on day-to-day expenses of the parties, their social status and their earning capacity.

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Ratio / Principle

Considering the present cost of living, interim maintenance of Rs.1500/- per month granted by the Family Court cannot be said to be exorbitant or excessive in the facts and circumstances of the case; the High Court finds no ground to interfere with the impugned order.

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Key takeaways

The application for condonation of delay in filing the revision (IA No.01/2024) is allowed and the delay is condoned, permitting adjudication of the revision on merits at the admission stage.ratio¶¶15

Detailed headnote1 paragraphs

CRR No. 25 of 2025 (High Court of Chhattisgarh at Bilaspur, Ravindra Kumar Agrawal, J.) — Akash Deep Manhar v. Smt. Manju Manhar — Revision directed against the order dated 04.06.2024 of the IInd Additional Principal Judge, Family Court, Bilaspur (MJC No.842/2023) awarding the respondent wife interim maintenance of Rs.1500/- per month. Held (i) that an order of interim maintenance rests on the affidavits of the parties and the material placed before the Family Court, and its quantum is a matter within the Family Court's discretion, to be fixed with reference to day-to-day expenses, social status and earning capacity; and (ii) that, in view of the present cost of living, Rs.1500/- per month cannot be regarded as exorbitant or excessive, leaving no ground for interference. Delay in filing the revision was condoned (IA No.01/2024). The revision failed and was dismissed at the admission stage.

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NAFR

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Digitally signed by INDRAJEET SAHU Date: 2025.05.05 17:26:15 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRR No. 25 of 2025

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1 - Akash Deep Manhar S/o Chhabilal Manhar Aged About 24 Years R/o Village Bundela, P.O. Bodsara, Thana Chakarbhatha Dist. Bilaspur (C.G.)

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...Petitioner(s)

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versus

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1 - Smt. Manju Manhar W/o Akashdeep Manhar Aged About 22 Years Rajiv Gandhi Chowk, Jarhabhatha, Thana-Civil Line, Dist. Bilaspur (C.G.)

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...Respondent(s)

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For Applicant : Ms. Laxmin Sahu, Advocate. For Respondent : Shri Kunwar Lal Sahu, Advocate.

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Hon’ble Shri Justice Ravindra Kumar Agrawal, J

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Order on Board

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05.05.2025

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1 . IA No.01/2024, an application of condonation of delay in filing the revision is allowed and accordingly delay is condoned.

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2 . The present revision has been filed against the impugned order dated 04.06.2024 passed by IInd Additional Principal Judge, Family Court, Bilaspur in MJC No.842/2023 whereby an amount of Rs.1500/- per month has been granted in favour of respondent wife as interim maintenance which is payable from the date of order.

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3 . Learned counsel for the applicant would submit that the Family Court has granted interim maintenance on the basis of Adhar Card and there was no sufficient material before the trial court to grant interim maintenance. The respondent wife is residing separately from the

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petitioner husband without any sufficient cause and therefore she is not entitled for any maintenance.

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4 . On the other hand, learned counsel for the respondent wife supported the impugned order and have submitted that after marriage the respondent wife suffered mental and physical harassment by the applicant husband which was the reason for residing separately from him and after considering the material produced before the trial court, an order of interim maintenance has been passed which needs no interference.

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5 . I have heard the counsel for the parties and perused the material annexed with the revision.

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6 . An order of interim maintenance is to be passed on the basis of the affidavits of the parties and material produced before the family court. The quantum of interim maintenance is discretion of family court which is to be based on day to day expenses to the parties, social status and their earning capacity. Considering present cost of living Rs.1500/- per month granted by the family court as interim maintenance cannot be said to be exorbitant or excessive in the facts of circumstances of the case. I do not find any ground to interfere with the impugned order.

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7 . Accordingly, the revision fails and is dismissed at admission stage.

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Sd/(Ravindra Kumar Agrawal) Judge

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inder

Akash Deep Manhar v. Smt. Manju Manhar

Case brief

What is this about?

What did the court decide?

Akash Deep Manhar v. Smt. Manju Manhar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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