2026:CGHC:2450 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 69 of 2026 Khushboo Parvin W/o Sheikh Tasleem Aged About 22 Years Resident Of Near Har Sagar Talab, Momin Pura, Ambikapur, Police Station And Tahsil Ambikapur, District Sarguja (C.G.)

... Applicant(s)

Digitally AKHILESH signed by K D U EW M A A N R GAN A K K U H M I A L R ESH versus DEWANGAN Sheikh Tasleem S/o Sheikh Jainal Avedin Resident Of Jai Stambh Chowk Masjid Para, Beside Gali Of Jama Masjid, Police Station And Tahsil Ambikapur, District Sarguja (C.G.)

... Respondent(s)

For Applicant(s) : Ms. Vaishali Jeswani, Advocate.

For Respondent(s) : None.

Hon'ble Shri Ramesh Sinha, Chief Justice

Order on Board

15 /01/2026

1. The applicant has filed this criminal revision against the order dated 02.12.2025 passed by learned Family Court, Ambikapur, District – Surguja (C.G.) in Misc. Criminal Case No.194/2024, whereby the learned Family Court has rejected the application under Section 144 of BNSS filed by the applicant-wife.

2. Brief facts necessary for disposal of this revision are that the applicant-wife filed an application under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on 11.12.2024 before the Family Court seeking maintenance from the respondent- husband, stating that their Nikah was solemnized on 26.01.2024 at Ambikapur according to Muslim rites and that after marriage they resided together at Mominpura, Ambikapur. It was alleged that in March 2024 the husband deserted the wife, stopped maintaining her and failed to provide any financial support, compelling her to live in distress despite having no independent source of income, while the husband was running a garage at Ambikapur earning about Rs.70,000/- per month. The husband denied the allegations and made unsubstantiated allegations against the wife. However, the learned Family Court, by impugned order dated 02.12.2025, rejected the wife’s maintenance application, leading to the filing of the present revision.

3. Learned counsel for the applicant submits that the impugned order dated 02.12.2025 passed by the learned Family Court is illegal, arbitrary and passed without proper application of mind, and is contrary to the very object and spirit of Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The learned Family Court has erred both in law and on facts in rejecting the maintenance application filed by the applicant-wife in its entirety.

She further submits that the learned Family Court has wrongly relied upon the version put forth by the respondent/husband by accepting vague and unsubstantiated allegations of the applicant having multiple affairs, despite the fact that no cogent or reliable evidence was led by the husband to prove such allegations. The Court further failed to appreciate that there was no valid or sufficient reason for the separation of the parties and that the applicant was deserted without justification. She also submits that the learned Family Court has failed to assign proper and reasonable grounds while rejecting the application under Section 144 of BNSS and has ignored the evidence adduced by the applicant in support of her claim. The applicant having duly proved her case and her entitlement to maintenance, the rejection of her application is unsustainable in law and liable to be set-aside.

4. I have heard learned counsel for the applicant, perused the impugned order and other documents appended with criminal revision.

5. From perusal of the impugned order, it transpires that the learned Family Court has rejected the application under Section 144 of BNSS filed by the applicant-wife observing that although the marriage between the parties dated 26.01.2024 stood proved, the applicant-wife failed to establish that she had sufficient and justifiable cause to live separately from the respondent-husband. The learned Family Court, on appreciation of oral and documentary evidence, accepted the version of the husband that the applicant left the matrimonial relationship on her