Order on Board

1. Heard Mr. Amit Kumar Chaki, learned counsel for the applicant. Also heard Mr. Purnendra Khichariya, learned counsel for the non-applicant.

2. Mr. Purnendra Khichariya, learned counsel is present on behalf of the non-applicant. It is submitted by him that the present matter pertains to Mr. Sanjay K. Agrawal, Advocate and therefore, he is not having instructions in the matter. However, learned counsel could not dispute that he has signed the composite Vakalatnama on behalf of the non-applicant. In such circumstances, this Court is not inclined to accept the submission that learned counsel has no instructions to represent the non-applicant. Accordingly, this Court proceeds to hear and decide the present revision on the basis of submission made by learned counsel for the applicant and the material available on record.

3. The present criminal revision has been preferred by the applicant under Section 19(4) of the Family Courts Act, 1984, being partially aggrieved by the order dated 09.07.2026 passed by the learned 3rd Additional Principal Judge, Family Court, Durg (C.G.) in M.J.C. No.277/2020, whereby the application preferred by the applicant under Section 125 of the Code of Criminal Procedure has been partly allowed and the non-applicant has been directed to pay maintenance of Rs.7,000/- per month to the applicant from the date of passing of the order till the applicant attains the age of majority.

4. Brief facts of the case, as projected by the applicant, are that the applicant had filed an application under Section 125 of the Code of Criminal Procedure, 1973, seeking maintenance from the non- applicant, which was registered as M.J.C. No.277/2020. It is the case of the applicant that the marriage between the non-applicant and the mother of the applicant was solemnized on 14.06.2006 at District Durg in accordance with the customary rites and rituals prevailing in the Hindu community. Out of the said wedlock, the present applicant was born on 11.05.2012. Due to matrimonial discord between the parents of the applicant, the mother of the applicant left her matrimonial home and has been residing separately along with the applicant since 25.05.2015. It is further the case of the applicant that the non-applicant was addicted to excessive consumption of liquor and, when the applicant was about one year old, the non-applicant allegedly poured liquor into the mouth of the applicant on several occasions, resulting in serious physical consequences and affecting his speech. Despite medical treatment and intervention, the applicant continued to suffer from Speech Disorder and Autism Spectrum Disorder. It is stated that the applicant is presently studying at Akanksha Lions School of Mentally Handicapped, Raipur, and requires specialized education, continuous care and medical attention. According to the applicant, all expenses relating to his education, transportation, uniform, books, medical treatment, therapy and other day-to-day requirements are being borne by his mother, whereas the non- applicant has not been contributing towards his maintenance and other necessary expenses. Therefore, the applicant was filed an application under Section 125 of Cr.P.C. before the learned Family Court concerned for grant of monthly maintenance of Rs. 30,000/- from the non-applicant. It is also the case of the applicant that, along with the application under Section 125 of the Code of Criminal Procedure, an application seeking interim maintenance of Rs.30,000/- per month was filed. The learned Family Court, vide order dated 20.01.2023, allowed the said application and directed the non-applicant to pay a sum of Rs.7,000/- per month towards interim maintenance to the applicant from the date of filing of the application.

5. Upon service of notice of the application under Section 125 of the Code of Criminal Procedure, the non-applicant appeared before the learned Family Court and filed his reply. The non-applicant deni