Allowed

Smt. Zeenat Parveen v. Mirza Zeeshan Baig

Chhattisgarh HC14 Jan 2025CRR/65/2025

Case brief

AI extract

What is this about?

Revision against a Family Court order granting Rs.10,000 monthly interim maintenance to wife and daughter from the date of the order. The High Court applied Rajnesh v. Neha and modified the order to make maintenance payable from the date of filing the application.

What the court decided

AI extract

Smt. Zeenat Parveen Vs Mirza Zeeshan Baig — Maintenance and Alimony | Chhattisgarh HC (2025)

2025:CGHC:2520

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRR No. 65 of 2025

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1 - Smt. Zeenat Parveen W/o Mirza Zeeshan Baig Aged About 30 Years,

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2 - Minor Rayna Khan D/o Mirza Zeeshan Baig, Aged About 01 Month, Through Her Mother Legal Guardian Smt. Zeenat Parveen,

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Both are R/o (Current Address) C/o House Of Gulam Hussain Khan, Krishna Nagar Korba, Police Chowki - Manikpur, Thana - Kotwali Korba, Tehsil And District Korba Chhattisgarh.

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… Applicants

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versus

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Mirza Zeeshan Baig S/o Late Mirza Sarwar Baig Aged About 31 Years R/o Shop No. 336, Bhilai Garage Zonal Market, Sector 10 Bhilai Nagar, P.S. Risali District Durg Chhattisgarh.

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... Respondent

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For Applicants : Mr. Shubham Dev Mallick, Advocate

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Hon’ble Shri Justice Arvind Kumar Verma Order on Board

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15/01/2025

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Heard.

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This criminal revision has been preferred by the applicants under Section 19(4) of the Family Courts Act, 1984 being aggrieved by the order dated 05.12.2024 (Annexure P/1) passed by the learned Principal Judge, Family Court, Korba, District Korba (C.G.) in MJC No.87/2023, whereby the application under Section 125(2) of CrPC for

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grant of interim maintenance filed by the non-applicant has been partly allowed, hence this revision is being filed on the following facts.

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Brief facts of this case are that the marriage between applicant No.1 and the respondent herein was solemnized on 10/10/2021 at Kusmunda, District Korba, Chhattisgarh as per Muslim Law and Customs. The applicant family had provided complete and sufficient gift, gold-silver and necessary commodities at the time of marriage. After some time of marriage, in-laws and husband of the applicant No.1 used to taunt her by saying that she came from a small house and they have not received the dowry items as per their expectation and the items given were not of good quality and started humiliating and harassing the applicant No.1 by demanding dowry and Cash Rs.3,00,000. In this way, immediately after the marriage, the Applicant No.1 was tortured mentally and physically by her husband and her inlaws and other relatives. In such situations on 29/09/2023, the Applicant No.1 gave birth to a girl child namely Rayna Khan, i.e., applicant No.2. It is pertinent to mention here that on 01/07/2022, applicant No.1 was posted as Assistant Professor in Bharti Krishi Vidyalaya, Durg, operated under Bharti University Pulgaon Chowk Durg, after which the respondent started trying to extort salary from the applicant. The applicant No.1 had filed an application under Section 125 of Code of Criminal Procedure before the learned Family Court, Korba, District- Korba and the learned Court vide order dated 05.12.2024 granted Rs.10,000/- as interim maintenance to the

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applicant and her daughter from the date of order, till the resolution of the case.

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The non-applicant/respondent is working as a Teacher in Shakuntala Vidyalaya Ramnagar from where he gets a monthly salary of Rs. 35,000/-. Apart from this, he runs Vibrain Institute of Commerce in Sector-10 Bhilai and Ramnagar Bhilai, from which he earns a monthly income of about Rs.70,000/-, the respondent has always been neglectful towards his matrimonial duty. That soon after the marriage the respondent and his family members have been harassing the applicant. Despite this, she has been dutifully discharging her matrimonial obligation. The Applicant never made any complaints to any one, the Applicant has tried all her best to work out her marriage despite all odds. Hence, this revision.

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Learned counsel for the applicants contended that the order of interim maintenance passed by the learned Court below is illegal, arbitrary and contrary to the law applicable to the facts and circumstances of the case. He further contended that the learned Family Court has not compliance with the order dated 04.11.2020 passed by the Hon'ble Supreme Court in Criminal Appeal No. 730/2020 (Rajnesh vs Neha & others) u/s 125 of CrPC. For bare perusal the relevant portion of the judgment are as :- "(d) Date from which maintenance is to be awarded We make it clear that maintenance in all cases will be awarded from the date of filing the application for maintenance, as held in Part B-IV above.".. It is therefore, prayed that the Hon'ble Court may kindly be

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pleased to allow this revision and quashed the order dated 05/12/2024 passed by the learned Family Court, Korba, District- Korba, in the interest of Justice.

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I have heard learned counsel for the applicants and perused the impugned order available on record with utmost circumspection.

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Considering the facts of the case, submission made by learned counsel for the applicants and from perusal of the record, it is evident that after taking into consideration, the learned Family Court has granted interim maintenance amount of Rs.7,000/- per month to applicant No.1/wife and Rs. 3,000/- per month to applicant No.2/daughter, total Rs.10,000/per month and it is ordered that the non-applicant/respondent will pay total interim maintenance amount of Rs.10,000/- per month to applicants from the date of order, till the resolution of the case.

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In view of the above, it appears that the learned Family Court has allowed the application under Section 125 of CrPC submitted by the applicants by granting interim maintenance to the tune of Rs.10,000/in favour of the applicants from the date of its order, but learned Family Court did not assign any ground/reason that why the interim maintenance has been granted from the date of order.

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Under Section 125 of the CrPC, the Hon’ble Apex Court passed the judgment in the case of Rajnesh Vs. Neha & Others (Criminal Appeal No. 730/2020) . The Hon’ble Apex Court has issued directions

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by exercise of power under Article 142 of the Constitution of India, in which direction No.d is held as under :

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“ (d) Date from which maintenance is to be awarded-

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We make it clear that maintenance in all cases will be awarded from the date of filing the application for maintenance, as held in Part B-IV above.”

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On perusal of the above judgment, it appears that the learned Family Court has failed to consider the above aspect of the Hon’ble Apex Court.

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In view of the above, in the opinion of this Court, it would be appropriate to modify the impugned order dated 05.12.2024 (Annexure P/1) passed by the Family Court, Korba, District Korba (C.G.) and it is directed that the respondent herein shall pay the total interim maintenance of Rs.10,000/- per month to the applicants as fixed by the Family Court, Korba from the date of filing of the application for maintenance, till the resolution of the case.

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Accordingly, the instant criminal revision is allowed to the extent indicated above.

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Sd/-

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Digitally VASANT signed by KUMAR VASANT KUMAR

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(Arvind Kumar Verma)

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Judge

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Vasant

Smt. Zeenat Parveen v. Mirza Zeeshan Baig

Case brief

What is this about?

What the court decided

Smt. Zeenat Parveen v. Mirza Zeeshan Baig

Case brief

What is this about?

What the court decided

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