1 2025:CGHC:57231 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 344 of 2022 Naushad Ali S/o Late Mohammad Rafiq, Aged About 26 Years R/o House No. 145, Ward No. 18, Shshtri Nagar, Camp 01, Bhilai, Tehsil And District Durg Chhattisgarh. ... Applicant versus Smt. Rukhsar Ali @ Yogita Kurre R/o House No. 74 K, Hanoda, Tehsil And District Durg Chhattisgarh. ---- Respondent For Applicant : Ms. Shalini Kashyap, Advocate, on behalf of Mr. Rahul Tamaskar, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.11.2025 1. Heard Ms. Shalini Kashyap, Advocate, on behalf of Mr. Rahul Tamaskar, learned counsel appearing for the applicant. 2. The present revision has been preferred by the applicant being aggrieved with the ex-parte order dated 08.02.2022 passed in Criminal MJC No.176/2020 passed by learned Third Additional Principal Judge, Family Court, Durg, District – Durg (C.G.). 3. The prosecution case in brief is that the respondent had moved an application for grant of maintenance from the applicant under Section 125 of CrPC. The case was registered as Criminal MJC No. 426/2018. The applicant filed his reply to the application under Section 125 of CrPC filed by the respondent. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 4. The present applicant is posted as Constable in the CRPF in disturbed area of Jammu and Kashmir. Despite his posting in sensitive area the applicant made best effort to appear before the learned Family Court and appeared in person or through Nyaymitra on various dates. However, the applicant was not being granted leave because of which the applicant could not appear. The applicant appeared through Nyaymitra on 13.06.2019 however communication was suspended in the area, Nyaymitra could not telephonically contact the applicant and informed about the next date i.e. 04.07.2019. The learned Family Court recorded ex-parte statement of the respondent and passed ex-parte order on 30.07.2019. The applicant did not have any information about such order also and telephone service was completely suspended in the area from 05.08.2019. When the applicant received notice in recovery case No.1300/2019 on 04.02.2020 the applicant for the first time came to know about the order dated 30.07.2019. The certified copy for the order was applied on 07.02.2020. The applicant thereafter moved an application under Section 126 of Cr.P.C. The parties have already taken mutual divorce and the respondent has settled the dues by repaying Mehar and permanent alimony to the tune of Rs.3,00,000/-. Rs.2,00,000/- by cash on 10.07.2017 and Rs.1,00,000/- through cheque dated 12.07.2017. 5. In light of the fact the parties had taken divorce by mutual agreement, there was no reason for the applicant to avoid or escape Court proceedings. It was genuinely for the reason that applicant serves in Armed Force and was not sanctioned leave that the applicant could not appeared before the learned Family Court. The applicant moved 3 application under Section 126 of Cr.PC for setting aside the ex-parte order. The application was accompanied with application under section 5 of Limitation Act and the Respondent has filed her reply. 6. Criminal M.J.C. No.176/2020 was registered by the learned Family Court. However, due to non-sanction of leave the applicant again could not appear before the learned Family Court and the impugned ex-parte order dated 08.02.2022 was passed by the Family Court. Hence, this revision. 7. Learned counsel for the applicant submitted that the parties hae already taken divorce through mutual agreement and had settled their claims, therefore, there was no reason why the applicant would avoid appearance before the learned Family Court concerned. But, due to non-sanction of leave the applicant could not appear before the Family Court, thus, the Family Court has passed the ex-parte order dated 08.02.2022. Hence, it is prayed by learned counsel for the applicant that the impugned order dated 08.02.2022 passed in Criminal MJC No.176/2020 passed by learned Third Additional Principal Judge, Family Court, Durg, District – Durg (C.G.), be quashed and the matter be remanded back to the trial Court concerned for proper disposal of the case. 8. I have heard learned counsel for the applicant and considered the rival submissions made hereinabove and gone through the record with utmost circumspection. 9. From the perusal of the submissions raised by the counsel for the parties, as well as from the perusal of the order-sheet of the Family 4 Court, it appears that neither the applicant nor his counsel was present thrice when the matter was taken-up by the Family Court on repeated calls for its hearing, and hence, the Family Court had no option but to pass an ex-parte order dated 08.02.2022, but as prayed by counsel for the applicant that the right of the applicant would be prejudice if he is not allowed to contest the matter on merits, hence, the impugned order dated 08.02.2022 passed in Criminal MJC No.176/2020 passed by learned Third Additional Principal Judge, Family Court, Durg, District – Durg (C.G.), is hereby quashed and the matter be restored before the Family Court concerned in its original number for proper disposal of the case, subject to depositing a sum of Rs.10,000/- as cost by the applicant in the Family Court concerned and the same shall be deposited to the respondent through the Family Court. 10. The applicant is directed to appear before the Family Court on 22nd December, 2025, to plead his case, and if the applicant fails to comply with this order, then the present order shall automatically stand discharged. 11. The Family Court concerned is at liberty to proceed with the matter, and conclude the same expeditiously, if there is no legal impediment. 12. Accordingly, the instant criminal revision is disposed of. 13. Office is directed to send a copy of this order to the Family Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar