1 2026:CGHC:8055 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 197 of 2026 1 - Gulshan Anand S/o Vijay Anand Aged About 44 Years R/o I.V.Y. State T.V. / D- 12, I.V.Y. State Road Bagholi Pune, Maharashtra ... Petitioner(s) versus 1 - Smt. Sneha Soni W/o Gulshan Anand Aged About 38 Years D/o Shri Nirmal Soni, R/o M-12, 504, Dalphin Jewellow, Raipur, Chhattisgarh 2 - Jigyasu S/o Gulshan Anand Aged About 8 Years Minor Through Legal Natural Guardian Mother Smt. Sneha Soni, W/o Gulshan Anand R/o M-12, 504, Dalphin Jewellow, Raipur, Chhattisgarh ... Respondent(s) For Petitioner : Shri B.L. Sahu, Advocate. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 13.02.2026 1. The petitioner has challenged the order dated 6.12.2025 passed in Claim Case No.542 of 2025, whereby an application moved under Order 9 Rule 7 of CPC has been dismissed by the learned First Additional Principal Judge, Family Court, Raipur. 2. Learned counsel for the petitioner would submit that an application under Section 144 of Bharatiya Nagarik Suraksha Sanhita (BNSS), NIRMALA RAO 2 was moved by the respondents for grant of maintenance. He would contend that the case was fixed for hearing on 24.9.2025 but in absence of intimation with regard to date of hearing, the petitioner could not appear and was proceeded ex parte. He would submit that the petitioner moved an application under Order 9 Rule 7 of CPC assigning various reasons for his non-appearance, but the learned Family Court rejected the said application on the ground that after filing of the application under Section 144 of the BNSS, the petitioner never appeared before the Court. He would also submit that the petitioner is interested in pursuing the matter and shall appear regularly before the learned Family Court. 3. Heard. 4. Taking into consideration the submissions made by counsel for the petitioner and the reasons assigned in this petition, the order dated 6.12.2025 passed by the learned Family Court is set aside and application moved under Order 9 Rule 7 of CPC is hereby allowed. The ex parte proceeding initiated against the petitioner is hereby set aside, subject to payment of cost of Rs.2,000/- payable to the respondents (wife and child). Learned Family Court shall permit the petitioner to participate in the further proceedings of the case. 5. Accordingly, I.A. No.1 of 2026 stands disposed of. Sd/- (Rakesh Mohan Pandey) Judge Nimmi