##PAGE1##

1

2026:CGHC:4954

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRR No. 153 of 2026

Pappu Yadav @ Nitin Yadav S/o Shri Daulat Ram Yadav Aged About 53

Years Occupation At Present, No Work Due To Illness, R/o Mathpara,

Near Budhamahadev Mandir, Kawardha, P.S. And Tahsil Kawardha,

Distt. Kabirdham, Chhattisgarh.

... Applicant

versus

1 - Kulvantin Bai @ Laxmi @ Laxmin D/o Pappu Yadav @ Nitin Yadav

Aged About 28 Years Occupation Cooking In Marriage Party And

Contractor, R/o Near Satbahaniya Mandir, Fulwari Chowk, Kawardha,

Distt. Kabirdham, Chhattisgarh.

2 - Ku. Prabha Yadav D/o Pappu Yadav @ Nitin Yadav Aged About 32

Years Occupation Ladies Tailor, R/o Near Satbahaniya Mandir, Fulwari

Chowk, Kawardha, Distt. Kabirdham, Chhattisgarh.

3 - Roshan @ Rohan Yadav S/o Pappu Yadav @ Nitin Yadav Aged

About 19 Years R/o Near Satbahaniya Mandir, Fulwari Chowk,

Kawardha, Distt. Kabirdham, Chhattisgarh.

... Non-Applicants

For Applicant : Mr. Chandrikaditya Pandey, Advocate

Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

29.01.2026

1. This criminal revision has been filed by the applicant with the

following prayer:

RAHUL

DEWANGAN

“It is, therefore, most humbly and respectfully

Digitally

signed by

RAHUL

DEWANGAN

2

prayed that this Hon'ble Court may kindly be

pleased to allow this revision petition and

direct the non-applicants, jointly and severally,

to pay monthly maintenance of ₹30,000 (or

such amount as this Hon'ble Court deems fit)

to the applicant from the date of the original

application, with arrears and interest at 9%

per annum, in the interest of justice.”

2. The facts of the case, in brief, are that the applicant is the father of

the non-applicants, who are his legitimate children and who had

earlier filed an application under Section 125 Cr.P.C. seeking

maintenance from him and were granted maintenance for a long

period. Subsequently, by order dated 23.05.2024 passed by the

learned Family Court, Kabirdham in Misc. Criminal Case No.

85/2023, the applicant was relieved from the obligation of paying

maintenance to the non-applicants on the ground that they had

attained majority and were physically and mentally fit. The applicant

thereafter filed the present application under Section 125 Cr.P.C.

claiming maintenance from the non-applicants, pleading that he is

aged, unemployed, suffering from high blood pressure and diabetes

for the last several years, incurring medical expenses of about

Rs.5,000/- per month, and is also required to pay maintenance of

Rs.2,500/- per month to his wife, rendering him unable to maintain

himself. It was contended that the non-applicants, despite being

major and having sufÏcient means, are neglecting to maintain him,

though they allegedly earn through various occupations. The non-

3

applicants opposed the application denying the income attributed to

them and contending that the applicant is financially sound, owns

agricultural land, runs a dairy business, does truck driving and fruit

selling work, has contracted a second marriage, and has sufÏcient

income to maintain himself, while further alleging that the non-

applicants are unemployed and dependent on their mother. The

learned Family Court framed a sole issue regarding the entitlement

of the applicant to maintenance, recorded evidence of the parties,

and upon due consideration of the pleadings and material on

record, dismissed the application for maintenance, against which

the present revision has been preferred.

3. Learned counsel for the applicant submits that the impugned order

dated 19.12.2025 (Annexure A-1) passed by the learned Family

Court, Kawardha, District Kabirdham (C.G.) is bad in law, perverse,

arbitrary, and contrary to the evidence on record, and therefore

liable to be set aside. It is contended that the learned Family Court

failed to appreciate the statutory mandate under Section 125(1)(d)

Cr.P.C., which casts a legal obligation upon adult children having

sufÏcient means to maintain their parents who are unable to

maintain themselves. The uncontroverted evidence of the applicant

regar