Smt. Yogeshwari v. Bhagwat Shrivas
Case brief
What is this about?
In a writ petition filed under CrPC Section 482, the High Court addressed the dismissal of a maintenance application filed under Section 125 CrPC due to the petitioner's non-appearance. Relying on precedents stating that Section 125 proceedings are civil in nature, the Court held that the Family Court has the power to restore such proceedings.
What did the court decide?
Disposed of the writ petition, reserving liberty to the petitioner to move an application before the Family Court for restoration of the maintenance application.
What the court decided
1
AFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Cr.M.P.No.116 of 2020
Smt.Yogeshwari W/o. Bhagwat Shrivas, Caste Shrivas,
aged about 24 years, R/o. Tendubhata, Police Station
and Tahsil Janjgir, District Janjgir-Champa (CG)
---- Petitioner
Versus
Bhagwat Shrivas S/o. Ram Prasad Shrivas, aged about 25
years, Caste Shrivas, R/o. Village Hardihari, Police
Station and Tehsil Nawagarh, District Janjgir-Champa
(CG)
---- Respondent
For Petitioner :Mr.Govind Dewangan, Advocate
For Respondent : Mr.Ravi Bhagat, Dy.G.A.
Hon'ble Shri Justice Sanjay K. Agrawal
Order on Board
Issues for consideration
2 issues framed by the court
Whether a dismissal under Section 125 CrPC for non-appearance of the applicant falls within the prohibition of Section 362 CrPC.
Whether the Family Court has inherent power to recall or restore a maintenance application dismissed for default.
Parties & counsel
- petitioner
Smt. Yogeshwari W/o. Bhagwat Shrivas
- respondent
Bhagwat Shrivas S/o. Ram Prasad Shrivas
Coram
Sanjay K. Agrawal
Case details
As recorded by the court registry
- Court
- Chhattisgarh HC
- Decided on
- · January
- Registered
- Case no.
- CRMP/116/2020
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