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Aman Gandharla Vs Smt. Sunita Gandharla — Maintenance and Alimony | Chhattisgarh HC (2025)

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Chhattisgarh HC
2025
Aman Gandharla Vs Smt. Sunita GandharlaAman Gandharla v. Smt. Sunita Gandharla

Dismissed¶26

Aman Gandharla v. Smt. Sunita Gandharla

Chhattisgarh HC2 Jan 2025CRR/932/2024

Case brief

AI extract

What is this about?

CRR No. 932 of 2024, decided 03/01/2025 by High Court of Chhattisgarh at Bilaspur (Arvind Kumar Verma J.). Criminal revision against Family Court (South Bastar Dentewada) order dated 18/06/2024 under Section 125 Cr.P.C. fixing monthly maintenance of Rs. 4,000/- payable by husband to wife from 08/01/2024. Pleas of unemployment, no permanent income, wife's alleged adultery and invalid marriage did not prevail; quantum assessed on parties' economic and social status, domestic needs, treatment/livelihood requirements and current price index. Revision dismissed; maintenance order upheld. Wife's claim figure of Rs. 15,000/- per month appears in brief facts. Keywords: maintenance, Section 125 Cr.P.C., quantum fixation, Family Court, revision dismissed.

What did the court decide?

No relief to the applicant; the Family Court's order fixing Rs. 4,000/- per month maintenance payable to the non-applicant from 08/01/2024 stands upheld.

Why is it important?

On perusal of the material including the evidence led before the Family Court, and considering all circumstances — especially the economic and social status of both parties, sufficiency for fulfilling domestic needs, treatment and other livelihood requirements, and the current price index — the trial Court committed no error of law in granting maintenance of Rs. 4,000/- per month to the wife from 08/01/2024; accordingly, the revision is dismissed. ¶25

What the court decided

AI extract

Outcome

No relief to the applicant; the Family Court's order fixing Rs. 4,000/- per month maintenance payable to the non-applicant from 08/01/2024 stands upheld.

Issue for consideration

Whether the Family Court's order dated 18/06/2024 directing the applicant to pay Rs. 4,000/- per month maintenance to the non-applicant from 08/01/2024 under Section 125 Cr.P.C. is sustainable in law. +1 more

Court's answer

On perusal of the material including the evidence led before the Family Court, and considering all circumstances — especially the economic and social status of both parties, sufficiency for fulfilling domestic needs, treatment and other livelihood requirements, and the current price index — the trial Court committed no error of law in granting maintenance of Rs. 4,000/- per month to the wife from 08/01/2024; accordingly, the revision is dismissed.

Detailed headnote1 paragraphs

High Court of Chhattisgarh at Bilaspur (Hon'ble Shri Justice Arvind Kumar Verma), by order dated 03/01/2025, dismissed CRR No. 932 of 2024 — a criminal revision directed against the order dated 18/06/2024 of the learned Family Court, South Bastar Dentewada (C.G.), which had allowed the wife's application under Section 125 Cr.P.C. in part and directed the husband to pay Rs. 4,000/- per month maintenance from 08/01/2024. The applicant-husband pleaded unemployment, absence of a permanent source of income, the wife's alleged adultery, and that she was not his legally married wife. Held, on perusal of the evidence led before the Family Court and considering the economic and social status of both parties, domestic needs, treatment and other livelihood requirements and the current price index, the trial Court committed no error of law in granting maintenance of Rs. 4,000/- per month from 08/01/2024; revision dismissed.

A

1

2025:CGHC:334

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRR No. 932 of 2024

1 - Aman Gandharla S/o Krishna Lal Gandharia Aged About 23 Years R/o Village Papanpal Nayapara, Naimed, Police Station Toynar, Tahsil And Toynar, Tahsil And District Bijapur Chhattisgarh

... Applicant(s)

versus

1 - Smt. Sunita Gandharla W/o Aman Gandharla Aged About 23 Years R/o Village Papanjali Nayapara, Naimed Police Station Toynar, Tahsil And District Bijapur Chhattisgarh

... Non-applicant(s)

For Applicant(s) : Shri Bharat Rajput, Advocate. For Non-applicant(s) : Shri Dhaneshwar Yadav, Advocate appearing on behalf of Ms. Soniya Kuldeep, Advocate.

NARESHKUMARKAMDE Digitally signedby NARESHKUMAR KAMDEDate:2025.01.2011:05:56 +0530

Hon’ble Shri Justice Arvind Kumar Verma

Order on Board

03/01/2025

With the consent of learned counsel for the parties, the revision is heard finally.

The present petition has been preferred against the order dated 18/06/2024, whereby learned Family Court, South Bastar Dentewada (C.G.) has directed the applicant herein to pay Rs. 4000/- per month to

2

the non-applicant from the date of application i.e. from 08/01/2024 under Section 125 of Cr.P.C.

Brief facts of the case are that the non-applicant filed an application under Section 125 of Cr.P.C. before the learned Family Court for grant of maintenance, stating that the marriage of applicant and nonapplicant was performed on 25.04.2016 according to social rites and customs after marriage, she went to the house of applicant for performing matrimonial obligations. After sometime of marriage, the applicant used to subject her to cruelty on account of demand of dowry and ultimately the applicant has expelled her from the matrimonial house due to which she is living in here parental house. The applicant is not giving any maintenance to non-applicant towards her maintenance, whereas the applicant is having sufficient source of income, though the non-applicant has no source of income, therefore the non-applicants filed an application for grant of maintenance. Learned Family Court, after appreciation of the evidence on record, vide the impugned order the application of the wife for granting maintenance of Rs.15,000/- per month. Therefore, the learned Family Court after considering all the circumstances of the case, especially keeping in view the economic and social status of both the parties, it seems appropriate and just that the applicant given a sum of Rs. 4,000/- per month as maintenance to the non-applicant and application under Section 125 of CrPC is allowed in part.

Learned counsel appearing for the applicant submits that the applicant is an unemployed person and has no permanent source of income, non-applicant/wife is living in adultery and she is not legally married

3

wife of the applicant, the maintenance of Rs.4000/- per month granted by the learned Family Court to the wife is a huge amount. Hence, it is prayed that the revision may be allowed.

Learned counsel for the non-applicant has supported for granting maintenance of Rs.4000/- to the wife by the learned Family Court.

From perusal of the material available including the evidence led before the Family Court and after considering all the circumstances of the case, especially keeping in view the economic and social status of both the parties, sufficient for fulfilling domestic needs, treatment and other livelihood requirement and in view of the current price index, I find that the trial Court has not committed any error on law to grant maintenance of Rs.4000/- to the wife i.e. from 08/01/2024.

Accordingly, the instant revision is dismissed.

Sd/-d/-

( Arvind Kumar Verma ) JUDGE

Kamde

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the Family Court's order dated 18/06/2024 directing the applicant to pay Rs. 4,000/- per month maintenance to the non-applicant from 08/01/2024 under Section 125 Cr.P.C. is sustainable in law.¶17
The court held
On perusal of the material including the evidence led before the Family Court, and considering all circumstances — especially the economic and social status of both parties, sufficiency for fulfilling domestic needs, treatment and other livelihood requirements, and the current price index — the trial Court committed no error of law in granting maintenance of Rs. 4,000/- per month to the wife from 08/01/2024; accordingly, the revision is dismissed.ratio¶25
2.
Whether the maintenance quantum of Rs. 4,000/- per month is excessive, as urged by the applicant on the pleas that he is unemployed with no permanent source of income, that the wife is living in adultery, and that she is not his legally married wife.medium confidence¶21

Statutes considered

1 provisions across 1 enactments

AI extract

Cr.P.C.125¶19

Procedural history

How this case reached the court

AI extract

Order under challenge
Order under Section 125 Cr.P.C. allowing the wife's maintenance application in part and directing the applicant to pay Rs. 4,000/- per month to the non-applicant from 08/01/2024.¶17
learned Family Court, South Bastar Dentewada (C.G.) · 18/06/2024
Prior proceeding
The non-applicant (wife) filed an application under Section 125 Cr.P.C. before the learned Family Court for grant of maintenance, stating that the marriage was performed on 25.04.2016 according to social rites and customs; she alleged dowry-related cruelty, expulsion from the matrimonial house, and that the applicant had sufficient income while she had none.¶20
Prior proceeding
After appreciation of the evidence, the Family Court allowed the Section 125 application in part, fixing maintenance at Rs. 4,000/- per month keeping in view the economic and social status of both parties.¶20
Prior proceeding
With the consent of learned counsel for the parties, the revision was heard finally by the High Court.¶16

Parties & counsel

AI extract

applicant
Aman Gandharla S/o Krishna Lal Gandharia, aged about 23 years, R/o Village Papanpal Nayapara, Naimed, Police Station Toynar, District Bijapur (Chhattisgarh)¶6
Bharat Rajput
respondent
Smt. Sunita Gandharla W/o Aman Gandharla, aged about 23 years, R/o Village Papanjali Nayapara, Naimed, Police Station Toynar, District Bijapur (Chhattisgarh)¶9
Dhaneshwar Yadav, Soniya Kuldeep

Coram

AI extract

Arvind Kumar Vermaauthor¶13

Case details

As recorded by the court registry

Court: Chhattisgarh HC
Decided on: 2 Jan 2025 · January
Registered: 16 Aug 2024
Case no.: CRR/932/2024
CNR: CGHC010267002024
Topic: Maintenance and Alimony
Bench: Arvind Kumar Verma
Disposal: DISMISSED
Case type: CRR

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Cite this judgement

Aman Gandharla v. Smt. Sunita Gandharla, CRR/932/2024 (CG), decided on 2 January 2025.

The High Court of Chhattisgarh publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Cr.P.C.125

View all statutes

Procedural history4

Order under Section 125 Cr.P.C. allowing the wife's maintenance application in part and directing the applicant to pay Rs. 4,000/- per month to the non-applicant from 08/01/2024.learned Family Court, South Bastar Dentewada (C.G.) · 18/06/2024
The non-applicant (wife) filed an application under Section 125 Cr.P.C. before the learned Family Court for grant of maintenance, stating that the marriage was performed on 25.04.2016 according to social rites and customs; she alleged dowry-related cruelty, expulsion from the matrimonial house, and that the applicant had sufficient income while she had none.
After appreciation of the evidence, the Family Court allowed the Section 125 application in part, fixing maintenance at Rs. 4,000/- per month keeping in view the economic and social status of both parties.

View full history

Bench / Coram

Arvind Kumar Verma

Parties & counsel