2024:CGHC:31019 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1182 of 2023 • Vishal Shivhare S/o Jagdish Prasad Shivhare, Aged About 37 Years R/o Ward No. 17 Behind The Palace Junapara Baikunthpur, Police Station And Tehsil Baikunthpur, District Korea, Chhattisgarh.

... Applicant versus

1. Smt. Alpana Shivhare W/o Vishal Shivhare Aged About 36 Years Caste Kalar, R/o Ward No. 17 Behind The Palace Junapara Baikunthpur, Police Station And Tehsil Baikunthpur, District Korea, Chhattisgarh Present Address Ashish Rai, Ward No. 16 Behind Circus Ground Manendragarh, Police Station And Tehsil Manendragarh, District Korea, Chhattisgarh.

2. Ku. Aarna Shivhare D/o Vishal Shivhare, Aged About 5 Years Minor, Through Mother And Near Friend Smt. Alpana Shivhare W/o Vishal Shivhare, R/o Ward No. 18, Behind Circus Ground Manendragarh Police Station And Tehsil Manendragarh District Manendragarh Chirmiri Bharatpur (M.C.B.), Chhattisgarh.

... Respondents For Applicant : Mr. Hemant Kumar Agrawal, Advocate For Respondents : None Hon'ble Shri Justice Narendra Kumar Vyas

Order on Board

16.08.2024

1. Today the matter is listed on default for not paying process fee for issuance of notice to the respondent wife. Since the record has already been requisitioned by this Court, this Court is hearing the case on admission.

2. The applicant has filed the present criminal revision under Section

19(4) of the Family Courts Act assailing the order dated 09.08.2023 (Annexure A-1) passed by the learned Principal Judge, Family Court Mandendragrah, District - Koriya (C.G.) in Misc. Criminal Case No. 20/2022 by which the learned Family Court has granted maintenance amount of Rs. 4,000/- to the wife/respondent No. 1 and Rs. 3,000/- to the daughter who is aged about 5 years when the application was filed.

3. Learned counsel for the applicant has made following submissions:-

(i) Respondent wife has filed an application before the learned Family Court for grant of maintenance mainly contending that the marriage between the respondent No. 1/wife and the applicant was solemnized on 15.01.2015 and from their wedlock one daughter was born, now she is aged about 7 years. Further contention of the respondent/wife is that all of a sudden the present applicant started neglecting her and all the family members started disputing with her, but the respondent/wife continued to tolerate the same to save her matrimonial life. It is also the case of the respondent wife that the conduct of the family members of her husband started changing from the day of “Rakhi” as it was found that her husband has some illicit relationship with other woman, as such not only the husband/applicant, but the entire family members started torturing her and she was asked to live separately. It was also the contention of the wife that her husband intends to marry another woman, therefore, he is torturing and assaulting her.

(ii) It is also the case of the wife that on the day of Diwali 2020 her parents made an attempt to resolve the issue, but they could not succeed which has compelled her to leave the matrimonial house to live with her parents. It has also been stated that the applicant/husband used to torture their daughter not to talk to her mother. It is also the case of the wife that she has filed an application under Section 9 of the Hindu Marriage Act for restoration of conjugal rights before the Family Court Baikunthpur. It is also the case of the wife that the respondent is running business of food grains as well land at village MudiJhariya and thus, he is earning Rs. 5-6 Lakhs per month still the husband is not maintaining wife. Thus, she prayed for grant of maintenance amount of Rs. 20,000/- per month for herself and Rs. 10,000/- for her daughter.

(iii) The applicant husband filed his reply to the application mainly contending that the allegations made in the application are incorrect and he is not running the business, but he is working in shop. It has also been contended that the amount of maintenance cl