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2026 DAILYLAW 10248 (CHH)

RANJEETA v. SURAJ MISHRA

CRMP/1289/2026 · 2026-05-05

Shri Radhakishan Agrawal

body2026

Judgment text

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1 2026:CGHC:21130 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1289 of 2026 1. Ranjeeta, W/o Suraj Mishra, aged about 23 Years, Caste- Brahmin, Occupation Dependent, 2. Minor Aadya Atmaja Suraj, age 14 Months, Caste- Brahmin, By Natural Guardian Mother Ranjita, W/o Suraj Mishra, Both are R/o Village- Lailunga, Tehsil- Lailunga, District- Raigarh, Chhattigarh. ... Petitioners versus • Suraj Mishra, S/o Prasanna Mishra, aged about 27 Years, Caste- Brahmin, Occupation Job, R/o Village- Amgaon, Police Station and Tehsil- Tamnar, District- Raigarh, Chhattisgarh. ... Respondent For Petitioners : Mr. Pawan Kesharwani, Advocate. (Hon’ble Shri Justice Radhakishan Agrawal) Order on Board 06/05/2026 Heard. 1. The present petition has been preferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking a direction to the Court of Judicial Magistrate First Class, Gharghoda, District Raigarh, C.G., to expeditiously decide the application for interim maintenance filed by the petitioners in MJC Criminal Case No.116/2024. AKHILESH BEOHAR Digitally signed by AKHILESH BEOHAR Date: 2026.05.06 17:37:21 +0530 2 2. Learned counsel for the petitioners submits that petitioner No.1 is the legally wedded wife of the respondent and petitioner No.2 is their minor daughter. Due to matrimonial dispute and alleged harassment, the petitioners are residing separately and have filed an application under Section 125 of the Cr.P.C. on 08.05.2024, along with an application for grant of interim maintenance on 10.05.2024 before the learned Judicial Magistrate First Class, Gharghoda, District Raigarh. It is further submitted that despite the lapse of considerable time, the application for interim maintenance has not been decided. The respondent appeared before the trial Court on 10.03.2025, and thereafter several opportunities have been granted to him to file a reply; however, the matter has been unnecessarily delayed and the interim application is still pending. Therefore, it is prayed that a direction be issued to the concerned JMFC to decide the interim maintenance application filed by the petitioners expeditiously. 3. I have heard learned counsel for the petitioners and perused the documents available on record. 4. From perusal of the photocopies of the order sheets of the JMFC, it appears that the application for maintenance was filed by the petitioners on 10.05.2024, whereas the respondent entered appearance on 10.03.2025. Thereafter, a number of opportunities have been granted for filing a reply, however, the application for interim maintenance has not yet been decided. Thus, considering the facts and circumstances of the case and the delay reflected from the order sheets, this Court deems it appropriate to issue a necessary direction to the Court of Judicial Magistrate First Class, Gharghoda, District Raigarh, C.G. to decide the pending application for interim 3 maintenance filed by the petitioners in MJC Criminal Case No. 116/2024 on or before 30.06.2026, in accordance with law. Ordered accordingly. 5. With the aforesaid direction, the present petition stands disposed of. Sd/- (Radhakishan Agrawal) Judge Akhilesh