Smt. Varsha @ Rama Ahirwar vs Sukhnath Ahirwar
2025 Latest Caselaw 4442 Chatt

Chattisgarh High Court

Smt. Varsha @ Rama Ahirwar vs Sukhnath Ahirwar on 15 September, 2025

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRR No. 1136 of 2025

Smt. Varsha @ Rama Ahirwar Versus Sukhnath Ahirwar

Order Sheet

15/09/2025 Heard Ms. Aditi Singhvi, learned counsel for the

applicant.

RAJSHEKHAR SONI Learned counsel for the applicant submitted that the

by applicant is the wife of the non-applicant, and the Family

Court has passed the order for grant of maintenance, and

twice the application under Section 126(2) of CrPC was

moved by the non-applicant for setting aside the ex-parte

order passed by the Family Court. It is further submitted

that the learned Family Court after making the observation

that the non-applicant had deliberately avoided the

proceedings under Section 125 of CrPC, has also

recorded the misconduct of non-applicant second time

while disposing of the application under Section 126(2) of

CrPC vide order dated 05.10.2023. The learned Family

Court passed the judgment dated 27.10.2023 and

directed the non-applicant to pay an amount of Rs.

40,000/- per month to the applicant from the date of

application. Against the said ex-parte judgment, the non-

applicant filed an application under Section 126(2) of the

CrPC. It is stated that the non-applicant who is an IAS

Officer, at the present moment posted as Secretary, State

Election Commission, Naya Raipur (C.G.), has also moved

a transfer application bearing FA(MAT) No. 280/2023,

which was allowed and the present case along with other

cases were transferred by the Coordinate Bench of this

Court vide order dated 23.01.2024 and the matter was

transferred to another Family Court, where the impugned

order has been passed by the Family Court allowing the

application under Section 126(2) of CrPC, and the ex-

parte order was set-aside. Hence, the present revision.

It is further submitted by learned counsel for the

applicant that the non-applicant his misusing the process

of law and has only paid Rs. 99,000/- towards

maintenance and arrears of more than Rs. 17,81,000/- is

due for payment to the applicant.

Issue notice to the non-applicant about the

pendency of the present revision and the Chief Secretary

of State, Chhattisgarh, is directed to assure that the notice

be served to the non-applicant, who shall appear before

this Court either in person or through his counsel to

contest the matter.

The Registrar (Judicial) is directed to send a copy

of this order to the Chief Secretary of State, Chhattisgarh,

for necessary information and compliance, forthwith.

List this case on 24th of September, 2025.

Sd/-

(Ramesh Sinha) Chief Justice

Rajshekhar