1 2025:CGHC:51889 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1270 of 2025 Praveen Kumar Soni S/o Ramgopal Soni Aged About 48 Years R/o Villa - 24, Concorde Sylvan View Electronic City Phase- 2, Banglore (Kn) ... Applicant(s) versus 1 - Smt. Preeti Soni W/o Praveen Kumar Soni D/o Govind Prasad Soni Aged About 46 Years R/o House No. I-22 Anupam Nagar, Raipur (C.G.) 2 - Parul Soni D/o Praveen Kumar Soni Aged About 10 Years Through Her Mother Smt. Preeti Soni R/o House No. I-22 Anupam Nagar, Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Aishwary Diwan, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 17 /10/2025 1. This criminal revision has been filed by the applicant seeking following relief: “It is therefore, prayed that the Hon'ble Court may ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.17 20:42:32 +0530 2 kindly be pleased to set-aside the impugned order dated 15.07.2025 (Annexure-A/1), passed by Second Additional Principal Judge, Family Court, Raipur (C.G.) in Case No. 669/2024, in the interest of justice.” 2. Brief facts necessary for disposal of this revision are that the applicant and respondent no. 1 are legally wedded husband and wife, having solemnized their marriage on 21.02.2000 at Durg as per Hindu rituals, and from their wedlock two children were born, including respondent no. 2. The respondents filed an application for maintenance before the Family Court, Raipur on 26.12.2020, in which the applicant appeared initially. However, due to the COVID-19 pandemic and subsequent lockdowns, the court proceedings were suspended, and the applicant was neither served any fresh notice nor intimated of the resumed dates. Consequently, the applicant could not appear in the proceedings, and on 11.07.2023, an ex parte maintenance order directing payment of Rs. 25,000 per month was passed against him. Later, on 01.02.2024, the applicant received notice in MCC No. 1333/2023 under Section 125(3) CrPC for non-payment of maintenance, and a warrant was issued. The applicant challenged the same and also filed an application under Section 126(2) CrPC to set aside the ex parte order, which was dismissed on 15.07.2025. Hence, the present revision petition has been filed. 3. Learned counsel for the applicant submits that the learned Family Court failed to appreciate that the impugned order was passed ex parte against the applicant, who had no knowledge of the 3 maintenance proceedings after they were re-initiated post COVID- 19 lockdown. The applicant was neither served with any fresh notice nor informed about the pendency or transfer of the case. It is further submitted that, as per the directions of the Hon’ble Supreme Court, the period from 15.03.2020 to 28.02.2022 stood excluded for the purposes of limitation, however, despite this, the applicant was wrongly proceeded ex parte for non-appearance on 23.02.2022 and 10.05.2022. The applicant had also enquired about the case during the lockdown period and was assured of further intimation, which was never given. 4. I have heard learned counsel for the applicant, perused the impugned order and other documents appended with criminal revision. 5. From perusal of the impugned order, it transpires that after considering the facts and circumstances of the case, the Family Court found no justification to stay the further proceedings of M.C.C. Case No. 1333/23. Accordingly, the application filed by the applicant seeking a stay of proceedings was rejected. The matter is posted for recording of evidence of both parties in connection with the main application filed under Section 126(2) of the Cr.P.C. 6. Considering the submissions advanced by the learned counsel for the applicant and perusing the impugned order and the finding recorded by the learned Family Court, I am of the view that the Family Court has not committed any illegality or infirmity or 4 jurisdictional error in the impugned order warranting interference by this Court. 7. Accordingly, the revision being devoid of merit is liable to be and is hereby dismissed. Sd/- (Ramesh Sinha) Chief Justice Abhishek