2026:CGHC:7372 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1452 of 2024

1 - Smt. Meena Yadav W/o Deepkant Yadav Aged About 24 Years R/o Ravindranath Tagore Ward, Behind Commissioner Office, P.S. Bodhghat, Tahsil Jaddalpur, District : Bastar(Jagdalpur), Chhattisgarh AKD KUE H WMI AAL NRES G H AN DsAKD iKU i E gg Hn WM iteI a AA dL l NR Eby S G yH AN

2 - Prashant Yadav (Minor) S/o Deepkant Yadav Aged About 8 Years Through His Lr Mother Smt. Meena Yadav, R/o Ravinranath Tagore Ward, Behind Commissioner Office, P.S. Bodhghat, Tahsil Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh ... Applicant(s)

versus Deepkant Yadav @ Golu S/o Rajendra Yadav Aged About 26 Years Occupation-Data Entry Operator At The Office Of Chief Executive Engineer, Public Works Division Jagdalpur) R/o Behind Chopra Rice Mill, Rajeev Gandhi Ward, P.S. Bodhghat, District : Bastar(Jagdalpur), Chhattisgarh ... Respondent(s)

For Applicant(s) : Mr. Praveen Soni, Advocate.

For Respondent(s) : Mr. Vikas Ghritlahre, Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice

Order on Board

10 /02/2026

1. The applicant has filed this criminal revision against the order dated 07.12.2024 passed by learned Judge, Family Court, Jagdalpur, District – Bastar (C.G.) in Criminal M.J.C. No.90/2021, whereby the learned Family Court has partly allowed the application under Section 127 CrPC filed by the applicants and enhanced the maintenance amount from Rs.2,000/- to Rs.4,000/- per month in favour of applicant No.1 and from Rs.2,000/- to Rs.3,000/- per month in favour of applicant No.2.

2. Brief facts necessary for disposal of this revision are that the marriage between the applicant and the respondent was solemnized on 06.06.2012 after a long-standing love affair of about five years. At the time of marriage, the applicant was carrying a pregnancy of about eight months, and thereafter, within about two months of marriage, Applicant No.2 was born. In March 2013, when Applicant No.2 fell seriously ill, the applicant was driven out of her matrimonial home by the respondent and his family members. After being ousted from the matrimonial home, the applicant made continuous and sincere efforts to resume her matrimonial life, however, the respondent did not permit her to return. Having no other option, the applicant filed an application under Section 125 Cr.P.C. on 25.09.2014 before the learned Family Court, Jagdalpur, District Bastar (C.G.). After a prolonged delay of more than five years, the learned Family Court, by order dated 13.12.2019, granted maintenance of Rs.3,000/- per month in favour of the applicant (MJC No.101/2014). Subsequently, owing to rise in cost of living and change in circumstances, the applicant filed an application under Section 127 Cr.P.C. on 01.03.2021 seeking enhancement of maintenance from Rs.3,000/- to Rs.20,000/- per month. After further delay of about three years, the learned Family Court, by order dated 07.12.2024, enhanced the maintenance amount from Rs.3,000/- to Rs.7,000/- per month, without duly considering the income documents of the respondent (MJC No.90/2021). During the proceedings for enhancement, the applicant placed on record the pay-slip of the respondent for the month of August 2024, which disclosed that the respondent was earning a net salary of Rs.42,320/- per month. Despite the said document being on record, the learned Family Court failed to properly appreciate the same while determining the quantum of maintenance. Hence, the revision.

3. Learned counsel for the applicant submits that the learned Family Court failed to properly appreciate the facts, circumstances and submissions made by the present applicant, and did not duly consider her mental, physical and financial condition while enhancing the maintenance amount merely from Rs.3,000/- to Rs.7,000/- per month. He further submits that the enhanced maintenance amount of Rs.7,000/- per month is grossly inadequate for the survival of a separated woman who is residing in a rented accommodation