2026:CGHC:7153 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 612 of 2024 Smt. Rashmi Mishra W/o Shri Dhananjay Mishra Aged About 48 Years D/o Shri Sanat Kumar Pandey, At Present R/o Village Sargaon (Hakeem Nagar), Ward No. 13, Police Station Pathariya, District-

Mungeli, Chhattisgarh.

... Applicant(s)

Digitally AKHILESH signed by KUMAR AKHILESH DEWANGANKUMAR DEWANGAN versus Dhananjay Mishra S/o Manharan Lal Mishra Aged About 52 Years R/o Behind Bus Stand Pamgarh, Police Station And Tahsil Pamgarh, District- Janjgir-Champa (C.G.) Office Address- Assistant Teacher, Primary School Chandipara, Village Bhaiso, Block Pamgarh, District-

Janjgir-Champa, Chhattisgarh.

... Respondent(s)

For Applicant(s) : Mr. Pushpa Dwivedi, Advocate. For Respondent(s) : Mr. Ujjwal Choubey, Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice

Order on Board

09 /02/2026

1. The applicant has filed this criminal revision against the order dated 15.04.2024 passed by learned Second Additional Principal Judge, Bilaspur, District – Bilaspur (C.G.) in Misc. Criminal Case No.793/2022, whereby the learned Family Court has partly allowed the application under Section 127 CrPC filed by the applicant and enhanced the maintenance amount from Rs.3,200/-

per month to Rs.5,000/- per month.

2. Brief facts necessary for disposal of this revision are that the applicant had earlier been granted maintenance of Rs.3,200/- per month vide order dated 22.12.2017. Subsequently, due to change in circumstances and increase in expenses, the applicant filed an application under Section 127 of the Cr.P.C. seeking enhancement of the maintenance amount. The said application was registered as Criminal Revision No.793/2022, and vide order dated 15.04.2024, the learned Court enhanced the maintenance amount from Rs.3,200/- to Rs.5,000/- per month (Annexure A-1). The applicant, being an aged lady, is presently suffering from various old-age related ailments and requires regular medical treatment, for which she incurs an expenditure of about Rs.5,000/- per month. Apart from medical expenses, the applicant also requires approximately Rs.7,000/- per month towards her livelihood, daily necessities, and educational expenses of the children. Thus, the enhanced amount of Rs.5,000/- per month is wholly insufficient to meet her basic needs and sustain a dignified life. It is further the case of the applicant that the respondent/husband is a Government servant working as an Assistant Teacher in the Education Department and is earning approximately Rs.70,000/- per month. Despite having sufficient means, the respondent has failed to maintain the applicant adequately. Although the applicant sought enhancement of maintenance to Rs.12,000/- per month under Section 127 Cr.P.C., the learned Family Court partly allowed the application and rejected the remaining claim, which has compelled the applicant to file the present revision challenging the said order.

3. Learned counsel for the applicant submits that the learned Family Court failed to consider the documentary evidence placed on record regarding the income of the respondent/husband. The applicant specifically brought on record that the gross monthly salary of the husband is around Rs.70,000/-, however, the said material was not appreciated while deciding the application for enhancement of maintenance. He further submits that the learned Court below also ignored the medical documents relating to the applicant, who is suffering from old-age ailments and requires regular treatment. Despite such material being available on record, the Court enhanced the maintenance by a meagre amount of Rs.1,500/- only, whereas the facts and circumstances of the case warranted enhancement of maintenance to at least Rs.12,000/- per month. He also submits that the husband himself admitted in his statement that he is receiving Rs.48,236/- per month as salary (as recorded in para 10 of the order dated 15.04.2024, Annexure A-1), which was not duly considered by the learned Court below.