2026:CGHC:7380 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 444 of 2024

1. Smt. Saraswati Sahu W/o Maheshwar Sahu @ Annu Sahu Aged About

34 Years R/o Laluram Colony, Opposite Maharana Pratap I.T.I. College, Korba, Post, Tah. And Dist. Korba, C.G. Pincode 495677.

2. Minor Tishir Sahu Maheshwar Sahu @ Annu Sahu Aged About 16 Years Through his Natural Guardian Mother Applicant No. 01 Smt. Saraswati Sahu, R/o Laluram Colony, Opposite Maharana Pratap I.T.I. College, Korba, Post, Tah. And Dist. Korba, C.G. Pincode 495677.

3. Minor Harshal Sahu Maheshwar Sahu @ Annu Sahu Aged About 12 Years Through his Natural Guardian Mother Applicant No. 01 Smt. Saraswati Sahu, R/o Laluram Colony, Opposite Maharana Pratap I.T.I.

College, Korba, Post, Tah. And Dist. Korba, C.G. Pincode 495677.

... Applicants versus Maheshwar @ Annu Sahu S/o Late Shri Ramdayal Sahu Aged About 44 Years R/o Purani Basti, Gandhi Chowk, Opposite Satish Jaiswal Kirana Store, P.S. City Kotwali, Post, Tah. And Dist. Korba, C.G.

... Respondent Digitally For Applicants : Mr. Ravindra Sharma, Advocate.

signed by ABHISHEK ABHISHEK SHRIVAS SHRIVAS Date:

2026.02.11

15:05:32 +0530 Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

10.02.2026

1. Heard Mr. Ravindra Sharma, learned counsel, appearing for the applicants.

2. The present revision has been filed by the applicants with the following prayer:

“It is therefore prayed that this Hon'ble court may kindly be pleased to allow the revision and set aside the impugned order dated 15.03.2024 and may kindly be pleased to direct the respondent to pay the remaining maintenance amount, in the interest of justice.”

3. Facts of the case are that the marriage between applicant No.1 and the respondent was solemnized on 28.01.2007 in accordance with Hindu rites and rituals. Out of the said wedlock, applicant No.2 was born in the year 2008 and applicant No.3 was born in the year 2012. The applicants filed an application under Section 125 Cr.P.C., stating that until the year 2010, the relationship between applicant No.1 and the respondent was cordial. However, in the year 2010, a tenant namely Pushpa Shriwas came to reside in the respondent’s house, and thereafter the respondent developed an extra-marital relationship with her. Applicant No.1 objected to the said relationship, but the respondent did not discontinue the same and instead started residing separately with Pushpa Shriwas, thereby deserting applicant No.1. It was further stated that the respondent is engaged in the business of sale and purchase of old vehicles and was paying only Rs. 2,000/- per month to applicant No.1, which was wholly insufficient for the livelihood of the applicants. Hence, the applicants sought maintenance of Rs. 20,000/- per month, considering the income of the respondent and the growing needs and expenses of applicant Nos.2 and 3.

4. After service of notice, the respondent appeared before the learned trial Court and filed his reply, wherein he admitted the marriage and birth of the children. However, he made false counter-allegations against applicant No.1 alleging an extra-marital relationship with one Sanjay Jha, and contended that payment of Rs. 2,000/- per month was sufficient maintenance, and therefore, the application was liable to be rejected.

5. Upon consideration of the application, the learned Family Court, Korba, District Korba, vide order dated 02.08.2019, awarded maintenance of Rs. 4,000/- per month to applicant No.1 and Rs. 1,500/- per month each to applicant Nos.2 and 3, totaling Rs. 7,000/- per month.

6. After passing of the maintenance order, the respondent initially paid the maintenance amount. However, in April 2021, during the second wave of the COVID-19 pandemic, the respondent stopped paying maintenance, stating that his business had completely shut down and sought time for payment. Applicant No.1, being the wife, and applicant Nos.2 and 3, being minor children, understood the respondent’s difficulty and did not press for immediate payment.

7. Af