2026:CGHC:7414 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1464 of 2024 Sevti Bai W/o Jaleshwar Verma, Aged About 28 Years R/o Bodhaikunda, Present Address - Sukhatal, Police Station And Tahsil - Kawardha, District - Kabirdham, Chhattisgarh.

KUNAL ... Applicant(s)

DEWANGAN D si i g g n it e a d l l b y y versus KUNAL DEWANGAN Jaleshwar S/o Gambhir Verma Aged About 40 Years R/o Bodhaikunda, Police Station - Pipariya, Tahsil - Kawardha, District- Kabirdham, Chhattisgarh.

... Non-applicant(s)

For Applicant : Mr. S.P.Sannat, Advocate.

For Non-applicant : Mr. Ajay Shrivastava, Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice

Order on Board

10.02.2026

1. Heard Mr. S.P.Sannat, learned counsel for the applicant. Also heard Mr. Ajay Shrivastava, learned counsel for the non-applicant.

2. By way of this revision, the applicant has prayed that this Court may be pleased to allow the revision and be pleased to enhance the maintenance amount awarded in the order dated 20-09-2024 (Annexure A-1) from Rs. 4500/- to Rs. 30,000/- per month in the application filed before the learned Family Court, Kawardha, District Kabairdham (C.G.), in the interest of justice.

3. Brief facts of the case are that it is an undisputed fact that earlier the applicant was awarded maintenance of Rs. 3,000/- per month from the non-applicant. Thereafter, the applicant filed an application under Section 127 of the Code of Criminal Procedure before the learned Family Court, whereby the maintenance amount was enhanced by Rs. 300/-, and the learned Family Court passed an order granting maintenance of Rs. 3,300/- per month vide order dated 08.07.2016. The applicant thereafter preferred a criminal revision before a Co- ordinate Bench of this Court seeking enhancement of maintenance and a Co-ordinate Bench of this Court, vide order dated 16.01.2019 passed in CRR No. 1181/2016, enhanced the maintenance amount to Rs. 4,000/- per month in place of Rs. 3,300/-. The applicant again filed an application under Section 127 of the Code of Criminal Procedure before the learned Family Court seeking further enhancement of the maintenance amount. It was contended by the applicant that after passing of the order dated 16.01.2019, there has been a steep rise in the prices of essential commodities, clothing, ration, medicines, and other daily necessities. The applicant is facing great difficulty in maintaining herself, and it is not possible for her to survive on Rs. 4,000/- per month. Accordingly, she prayed for grant of maintenance of Rs. 30,000/- per month from the non-applicant. The applicant further contended that the non-applicant is a resourceful and financially sound person. He owns 14 acres of double-cropped irrigated agricultural land and cultivates paddy, wheat, sugarcane, and pulses, earning an annual income of approximately Rs. 10,00,000/-. The non-applicant also owns a tractor, trolley, thresher machine, and other agricultural equipment. He allegedly earns an additional annual income of Rs. 4,00,000/- by transporting crops of other farmers through his tractor, Rs. 2,00,000/- per year from the thresher machine, and Rs. 1,00,000/-

per year by selling water from his tube-well to other farmers.

4. The non-applicant filed his reply denying all the allegations. He stated that the applicant is receiving a pension of Rs. 500/- as an abandoned woman and also receives 35 kilograms of rice per month from the Food Department, and is thus maintaining herself adequately with the awarded maintenance of Rs. 4,000/- per month. He further contended that if the maintenance amount is enhanced to Rs. 20,000/- per month, he would be unable to pay the same, as he is merely an agricultural labourer. He claimed to own only 2.92 acres of agricultural land, which is unirrigated. He further stated that his tube-well is about 15 years old and has major defects. According to him, he cultivates paddy on one acre, sugarcane on another acre, and the remaining 0.50 acre is wasteland. Therefore, he prays for dismi