Allowed

Basant Kumar v. Smt. Chitrarekha

Chhattisgarh HC9 Jul 2025CRMP/127/2023

Case brief

AI extract

What is this about?

The High Court set aside the Family Court's order rejecting a Section 329 Cr.P.C. application for staying maintenance proceedings due to the petitioner's unsound mind. The Court directed a fresh assessment of the petitioner's medical condition given the four-year delay, permitting a new application if unsound, or requiring cooperation if sound.

What did the court decide?

Impugned order set aside; fresh medical assessment and potential Section 329 application directed.

Basant Kumar Vs Smt. Chitrarekha — Maintenance and Alimony | Chhattisgarh HC (2025)

2025:CGHC:31942

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRMP No. 127 of 2023

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1 - Basant Kumar S/o Late Doulal Aged About 40 Years Village Bhendra, Tahsil Bhakhara, District Dhamtari C.G. Unsound Mind Person Represented Through Mother Smt. Lagni Bai W/o Late Doulal, Age About 72 Years, R/o Village Bhendra, Tahsil Bhakhara, District Dhamtari, Chhattisgarh.

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... Petitioner

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versus

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1 - Smt. Chitrarekha W/o Basant Kumar Jangde, Caste Satnami, Aged About 35 Years R/o Village Sikosa, Tahsil Gunderdehi, District Balod, Chhattisgarh.

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... Respondent

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-------------------------------------------------------------------------------------- For Petitioner : Mr. Sanjeev Kumar Sahu, Adv. For Respondent : Mr. Sudhanshu Kumar Singh, Adv.

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Hon'ble Shri Justice Sanjay Kumar Jaiswal

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Order on Board

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10/07/2025

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1 Heard.

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2 The present petition has been filed by the petitioner under Section 482 of Cr.P.C. being aggrieved by the impugned order dated 16.11.2022 passed in M.J.C. Case No.

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Digitally signed by HEERA LAL SAHU Date: 2025.07.11 17:10:12 +0530

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61/2020 by the Learned Judge, Family court, Balod, District - Balod (C.G.) whereby the learned judge has rejected the application of petitioner filed under Section 329 of Cr.P.C.

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3 This is a husband-wife maintenance case in which the application under Section 329 of Cr.P.C. was filed by the mother of the petitioner on 07.10.2021, stating therein that the petitioner was of unsound mind; therefore, the hearing of the maintenance case should be stayed. The learned Judge, Family Court, had passed an order on 16.11.2022 and rejected the application. Hence, the present petition.

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4 According to both parties, the trial has not proceeded further. About 4 years have passed since the application under Section 329 of Cr.P.C. was dismissed. Therefore, it would be more appropriate to see the medical condition of the husband/petitioner at present.

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5 Hence, considering the facts and circumstances of the case, the impugned order is set aside and the husband/petitioner party is directed that if his condition is still unsound mind, then he shall again file a fresh application under Section 329 of Cr.P.C., which shall be disposed of by the trial Court as per law as expeditiously as possible and if petitioner is of sound mind then he shall co-operated with the trial.

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6 Accordingly, with the aforesaid direction, the CRMP is disposed of at the stage of admission.

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Sd/-

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(Sanjay Kumar Jaiswal) Judge

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H.L. Sahu

Basant Kumar v. Smt. Chitrarekha

Case brief

What is this about?

What did the court decide?

Basant Kumar v. Smt. Chitrarekha

Case brief

What is this about?

What did the court decide?

What the court decided

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