2026:CGHC:7049 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN CRR No. 163 of 2026 Smt. Reshma Akhtar W/o Sheikh Amjad, Aged About 30 Years R/o Lakhanpur, P.S. And Tehisl Lakhanpur, District- Sarguja (C.G.)

... Applicant(s)

versus Sheikh Amjad S/o Late Abdul Rajjak Aged About 40 Years R/o Village Khongapani, (Pakka Dhaudo), P.S. Jhagarakhad, Tehsil Manendragarh - Chirmiri- Bharatpur (M.C. B.) (C.G.) Present Address- S.E.C.L.

Ramnagar, P.S. Ramnagar, District- Annuppur (M.P.)

... Non-applicant(s)

For Applicant : Mr. Sunil Tripathi, Advocate.

For Non-applicant : None.

Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

09.02.2026

1. By way of this revision, the applicant has prayed for following relief:-

“1. It is therefore prayed that this Hon'ble Court may kindly be pleased to allow the revision application of the applicant and set-aside the order of dismissal dated 01.11.2025 (Annexure A-1) in interest of justice.

2. It is therefore prayed that this Hon'ble Court may kindly be pleased to provide maintenance awarded of Rs. 50,000/-

or any other amount which this hon'ble court may deems fit for her maintenance in the interest of justice.”

2. Facts of the case are that the applicant filed an application under Section 125 of the Cr.P.C. before the learned Family Court, Ambikapur, seeking maintenance of Rs. 50,000/- (Fifty Thousand Rupees) per month from the non-applicant. It was pleaded that both the applicant and the non-applicant are Muslims and were married on 30.04.2019. After the marriage, the non-applicant took the applicant to his native village, Khongapani. It is not in dispute that no child was born out of the said wedlock. Shortly after the marriage, the non-applicant and his family members allegedly started subjecting the applicant to physical and mental cruelty in connection with dowry demands. Despite repeated attempts, the harassment did not stop and in December 2020, the applicant was allegedly forced out of the matrimonial home. Being aggrieved, she lodged an FIR on 05.03.2021 at Police Station Lakhanpur, bearing Crime No. 49/2021, under Section 498A/34 of the IPC, which is pending before the Judicial Magistrate, Ambikapur. The applicant stated that due to the non-appliant’s cruelty, she became physically weak and mentally traumatized. She further alleged that the non- applicant had earlier married one Samar Fatima, whom he also harassed for dowry and later abandoned. The applicant pleaded that she is unemployed and has no source of income and is wholly dependent on the non-applicant for survival. She stated that her father is old and ill and unable to support her. It was further pleaded that the non-applicant is employed in a coal field and earns more than Rs. 1,00,000/- per month, and also runs a restaurant in partnership at Ramnagar, District Anuppur, earning an additional Rs. 25,000–30,000/- per month. The non-applicant has allegedly neglected and refused to maintain her since December 2020. Hence, she sought maintenance of Rs. 50,000/- per month from the non-applicant before the learned Family Court concerned.

3. Upon notice, the non-applicant appeared and denied all allegations.

He stated that he had previously married Samar Fatima Ansari and divorced her on 08.02.2017, which fact was known to the applicant. He contended that the applicant belongs to a wealthy family and had been living in a permanent house in Raipur even before marriage. Due to her lifestyle, she was unwilling to live in a joint family and insisted on a separate residence. He alleged that her family threatened to implicate him in a false dowry case. He also raised objections regarding her spending habits and unwillingness to perform household work. The non-applicant further submitted that he had earlier submitted an application before the Superintendent of Police, Korea, on 26.10.2020, apprehending false implication. He stated that the applicant filed a case for return of Stridhan, in which an ex-parte