2026:CGHC:8098 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 422 of 2024

1. Smt. Sheelakali D/o Shri Vijay Kumar Patle Aged About 38 Years R/o Village Beltukri, P.S. Balouda Distt. Janjgir Champa (C.G.)

2. Kumari Rishika D/o Shri Shankar Banjare Aged About 14 Years R/o Village Beltukri, P.S. Balouda Distt. Janjgir Champa (C.G.)

... Applicants versus Shankar Banjare S/o Shri Mohan Lal Banjare Aged About 47 Years R/o Village Karhidih P.S. Balouda Distt. Janjgir Champa (C.G.)

... Respondent For Applicants : Mr. Vipin Tiwari, Advocate.

Digitally signed by ABHISHEK ABHISHEK SHRIVAS Hon'ble Shri Ramesh Sinha , Chief Justice SHRIVAS Date:

2026.02.16

11:16:16 +0530 Order on Board

13.02.2026

1. Heard Mr. Vipin Tiwari, 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 of the applicants and may kindly be please to quash the order dated 12.02.2024 (Annexure A-1) passed by the Learned Principle Judge Family Court Janjgir, Distt. Janjgir- Champa (CG) in M.J.C. No. 154/2022; and enhance the maintenance amount to the applicants from Rs. 10000/- per month to Rs. 20000/- per month in favour of the applicants, in the interest of justice.”

3. Facts of the case are that the marriage of applicant No. 1 with the respondent was solemnized on 23.06.2006 at District Janjgir-Champa (C.G.) in accordance with Hindu marriage customs and rites. After the marriage, applicant No. 1 started residing with her husband/respondent in her matrimonial (in-laws’) house. Out of the said wedlock, applicant No. 2 was born. Due to cruelty committed by the respondent upon the applicants, they filed an application under Section 125 of the Cr.P.C. before the learned Trial Court. The said application was partly allowed, and the learned trial Court awarded maintenance of Rs. 3,000/- per month to applicant No. 1 and Rs. 3,000/- per month to applicant No. 2. Subsequently, the maintenance amount was enhanced by the learned trial Court to Rs. 4,000/- per month for applicant No. 1 and Rs. 6,000/- per month for applicant No. 2, totaling Rs. 10,000/- per month. Thereafter, the applicants filed an application before the learned Family Court seeking enhancement of the total maintenance amount from Rs.

10,000/- per month to Rs. 20,000/- per month.

4. The applicants filed an application under Section 127 of the Cr.P.C.

before the learned Family Court on the ground that applicant No. 2 is studying in a private school, namely Brilliants Public School, in Class 9th. Her admission fee is Rs. 15,000/-, annual tuition fee is Rs. 50,000/-, and transportation charges are Rs. 15,000/- per annum. The applicants are residing in Janjgir in a rented house at a monthly rent of Rs. 4,000/-. Due to inflation, the prices of essential commodities such as rice, pulses, and clothes have increased, and it has become difficult for the applicants to survive on Rs. 10,000/- per month. It was further submitted that the salary of the respondent has increased and he is earning approximately Rs. 67,000/- per month. Therefore, the applicants prayed for enhancement of maintenance to Rs. 20,000/- per month.

5. The respondent denied the averments made by the applicants and submitted that he had been hospitalized for treatment and that his second wife was admitted to the hospital and subsequently died due to COVID-19. He further stated that he had borrowed money for her treatment and is presently repaying the loan installments.

6. The learned Principal Judge, Family Court, Janjgir, District Janjgir-

Champa (C.G.) rejected the application of the applicants vide order dated 12.02.2024 solely on the ground that they failed to establish sufficient cause for enhancement of maintenance from Rs. 10,000/- to Rs. 20,000/- per month.

7. Learned counsel for the applicant submits that the findings recorded by the learned Family Court are perverse, incorrect, illegal, and c