2026:CGHC:7131 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1015 of 2024 Heera Ram Dewangan S/o Shri Ramji Dewangan Aged About 64 Years Occupation Retired Government Employees As Assistant Fisheries Officer, At Present R/o House No. 42/1854, Shyam Nagar, Gokul Apartment, Civil Lines, Ward No. 47, Telibandha, Raipur, Tahsil And Distt. Raipur Chhattisgarh.

... Applicant versus Smt. Anju Dewangan W/o Shri Heera Ram Dewangan Aged About 48 Years R/o Malideepa, Tahsil And Distt. Raigarh Chhattisgarh.

... Respondent For Applicant : Mr. Manoj Kumar Sinha, Advocate For Respondent : Mr. Roop Ram Naik, Advocate.

Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

09.02.2026

1. This criminal revision has been filed by the applicant with the following prayer:

“It is therefore prayed that the Hon'ble Court be pleased to call for the records of the Misc. Cr.C.No.F-19/2021 and after its perusal allow this Revision and set aside the impugned order dated 01.07.2024 (Ann.A/1) passed in the case of (Smt. Anju Dewangan Vs Heera Ram Dewangan) by the Family Court, Raigarh and remand the matter to the Family Court, Raigarh with direction to consider the judgment of dated 13.02.2024, in the interest of justice.”

2. The facts of the case, in brief, are that the respondent, being the legally wedded wife of the applicant, had earlier instituted proceedings under Section 125 of the Code of Criminal Procedure in Case No. 08/2005, wherein the learned Family Court, by order dated 10.01.2008, directed the applicant to pay maintenance of Rs.600/- per month to the respondent from the date of application i.e., 28.06.2002. Subsequently, the respondent filed an application under Section 127 Cr.P.C. seeking enhancement of the maintenance amount on the grounds of substantial rise in the cost of living, her deteriorating health requiring continuous medical treatment and monthly expenditure on medicines and care, absence of any independent source of income, and the applicant’s financial capacity as a retired government servant receiving pension and other retiral benefits. The applicant contested the claim by asserting that the respondent is residing with her employed son, is running and managing a school in her own name, and is capable of maintaining herself, besides pleading his own medical ailments and limited pension. Upon consideration of the pleadings, evidence, and prevailing circumstances, the learned Family Court found that a long period had elapsed since the earlier maintenance order, inflation and basic living expenses had considerably increased, and the responsibility to maintain the respondent continued to rest upon the applicant; accordingly, the application under Section 127 Cr.P.C. was partly allowed and the maintenance amount was enhanced from Rs.600/- to Rs.10,000/- per month payable from the date of application i.e., 30.01.2021. Being aggrieved by the said order, the applicant has preferred the present revision.

3. Learned counsel for the applicant submits that the impugned order dated 01.07.2024 passed by the learned Family Court, Raigarh is erroneous, perverse, and contrary to law and the facts on record, inasmuch as the learned Family Court failed to appreciate that the marriage between the parties already stands dissolved by decree of divorce dated 13.02.2024 passed by the learned 1st Additional Principal Judge, Family Court, Raipur, and therefore the respondent is no longer the legally wedded wife of the applicant and is not entitled to enhancement of maintenance. It is further contended that the respondent has sufficient independent source of income as she is running and managing Gyandeep English Medium School at Raigarh in the capacity of Head Master and owner, is residing with her son who is employed as Branch Manager in Bank of Baroda and capable of maintaining her, and the property on which the school is constructed was purchased by the applicant in her name, thereby demonstrating adequate financial means on her part. It is also urged