2026:CGHC:3965 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 268 of 2023 Nilesh Vaishnav Son Of Lakhan Das Vaishnav, Aged About 37 Years Resident Of Padum Nagar, Qtr. No. LG-30, Shriram City Apartment, Bhilai, District - Durg (Chhattisgarh)

… Applicant versus

1. Smt. Vimla Rao Wife Of Nilesh Vaishnav, Aged About 36 Years Residing At LIG - 224, Maharana Pratap Nagar, Korba, Tashil and District - Korba (Chhattisgarh)

2. Ananya Vaishnav, Aged About 02 Years, Minor Respresented Through Mother Smt. Vimla Rao. Residing At LIG - 224, Maharana Pratap Nagar, Korba, Tashil and District - Korba (Chhattisgarh)

Digitally ... Respondents signed by PREETI PREETI KUMARI For Applicant : Mr. C.K. Sahu, Advocate.

KUMARI Date:

2026.01.24

11:09:56 For Respondents : Mr. Syed Imtiaz Ali, Advocate.

+0530 Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

22.01.2026

1. This Criminal Revision is being aggrieved of the judgment dated

13.01.2023 passed by the learned Family Court, Korba, (C.G.) in Misc. Criminal Case No. 46/2021, whereby the learned Family Court partly allowed the application under Section 125 of the CrPC filed by the non-applicants, and directed the applicant/husband that he has to pay the amount of Rs.6,000/- per month to the non-applicant No.1 and Rs. 4,000/- per month to non-applicant No.2.

2. The facts, in brief, is that the non-applicants filed an application under Section 125 of the Code of Criminal Procedure seeking maintenance for herself and her daughter against the applicant before the learned Family Court, Korba (C.G.), claiming maintenance to the tune of Rs. 30,000/- per month. The brief facts of the case are that the marriage between the applicant and non-applicant No.1 was solemnized on 03.12.2017 according to Hindu rites and rituals, and thereafter they resided together peacefully. The non-applicants alleged that dowry was given by her family according to their capacity; however, within one week of the marriage, she was subjected to harassment by the applicant and his family members on account of dowry. It was alleged that the applicant’s family taunted her by stating that their son was employed as an M.R. and earning a handsome salary and that the marriage with a poor family had ruined his life. On this pretext, the applicant and his family members allegedly abused, tortured, and treated the non-applicant No.1 with cruelty, causing both mental and physical harassment. It was further pleaded that due to continuous mental and physical cruelty, the non- applicant No.1 went to her maternal home on 23.08.2018 and narrated the entire incident to her family. It was further alleged that even after the birth of non-applicant No.2, the applicant did not visit the child nor take the non-applicants back to the matrimonial home. When the non-applicant No.1 herself attempted to return to the matrimonial home, the applicant and his family allegedly misbehaved with her and attempted to harm the child, due to which, out of fear, she again returned to her parental home. The non-applicant No.1 further stated that she sent a legal notice dated 27.01.2021 to the applicant through her counsel seeking restoration of conjugal life, but the applicant failed to reply. Thereafter, she lodged a complaint at Police Station Rampur. It was further alleged that the applicant is employed in a multinational company earning Rs. 60,000/- per month and that his father is a retired C.S.E.B. employee, thereby claiming that the applicant belongs to a well-to-do family. On these grounds, the non-applicants prayed for maintenance of Rs. 30,000/- per month.

3. The applicant filed a written statement before the learned Family Court denying all allegations made by the non-applicants. He stated that he never abandoned the non-applicants and that non-applicant No.1 was residing separately at her maternal home without any reasonable cause. He further stated that when the child was born at a hospital in Korba on 17.02.2019, he visited the hospital and bore the entire m