1 / 3 2025:CGHC:10708 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 292 of 2025 1 - Smt. Shalini Soni W/o Shri Vinay Soni Aged About 24 Years R/o Present R/o. Quarter No. 2/B, Street No. WMR, Sector-04, Bhilai, Tahsil And District Durg (C.G.) (Mob. No. 8770535550) ...Applicant versus 1 - Vinay Soni S/o Shri Mohanlal Soni Aged About 30 Years R/o. Quarter No. 916, Near Durga Pandal, Bihari Colony, New Khursipar, Bhilai, Tahsil And District Durg (C.G.) (Mob. No. 7724906378) ... Respondent For Applicant : Mr. A.N. Bhakta, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 05/03/2025 1. The instant criminal revision has been preferred under Section 19 (4) of the Family Court Act, 1984 has been preferred against the impugned orders dated 28/08/2021 & 06/11/2024 passed by the learned Principal Judge, Family Court, Durg, District Durg, C.G. passed in Cr. MJC No.759/2021 whereby the application filed by the applicant/wife under Section 125 Cr.P.C. has been dismissed for want of prosecution. 2. The case of the prosecution in brief is that the marriage of the applicant was solemnized on 28/11/2019 and thereafter, the applicant was subjected to harrassment by the respondent/husband and she was ousted from her matrimonial house. Thereafter, the applicant filed an ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.11 16:45:31 +0530 2 / 3 application under Section 125 Cr.P.C. for grant of maintenance and the family Court appointed an Amicus Curiae to represent the case of the applicant. Thereafter, the different dates passed and on 06/11/2024 due to non-appearance of the applicant as well as her counsel, who was appointed as Amicus Curiae. Thereafter, on account of non-cooperation by the Amicus Curiae, the applicant filed an application dated 05/01/2024 and requested for change of Amicus Curiae engaged in the case. Though the application of the applicant was accepted and a new Amicus Curiae was appointed but the newly appointed Amicus Curiae also did not appear on the date of hearing i.e. 06/11/2024 and on the said date the case was dismissed for want of prosecution and the same was also not informed to the applicant. 3. Learned counsel for the applicant would submit that the Amicus Curiae was to appear in the case but the Amicus Curiae did not appear and the case was dismissed for want of prosecution for no fault of the applicant. Therefore, he prays that the order dated 06/11/2024 may be set aside and the case bearing Cr. MJC No.759/2021 may be restored to its original number for adjudication on merits of the case. 4. I have heard learned counsel for the applicant and perused the documents. 5. Perusal of the documents would show that the applicant/wife has filed an application under Section 125 Cr.P.C. for grant of maintenance which was registered as Cr. MJC No.759 of 2021 on 28/08/2021. Perusal of the order-sheet of the said case would show that on 01/12/2021 the 3 / 3 applicant was present in person before the Court and the case was fixed for 10/01/2022. On 10/01/2022 also the applicant was present in person before the Family Court and the case was fixed for hearing on the interim maintenance application on 14/02/2022. Thereafter, on 14/02/2022 the Amicus Curiae appeared on behalf of the applicant. On 26/02/2022 the Amicus Curiae appeared on behalf of the applicant and the Court granted Rs.5000/- per month interim maintenance to the applicant. Thereafter, different dates passed and the evidence of the parties were also recorded. On 06/11/2024 the Amicus Curiae on behalf of the applicant could not appear before the Court and on account of the same the case was dismissed for want of prosecution. 6. Considering the entire facts & circumstances of the case since the case was at the stage of recording of evidence of the applicant, however, it was dismissed on account of non-appearance of the Amicus Curaie, the order dated 06/11/2024 passed in Cr. MJC No.759 of 2021 is set aside and the case is restored to its original number and the matter is remitted back to the Family Court, Durg for afresh adjudication of the application under Section 125 Cr.P.C. filed by the applicant. The applicant shall appear before the Family Court, Durg on 28/03/2025 and notice be issued to the respondent and thereafter the Family Court shall proceed to decide the application on its own merits. 7. With the aforesaid observations the instant revision stands disposed of. SD/- (Arvind Kumar Verma) JUDGE ashu