NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 808 of 2025 Judgment reserved on 24.11.2025 Judgment pronounced on 24.02.2026 Judgment uploaded on 24.02.2026 Dr. Gurpreet Kaur W/o Dr. Prajwal Pradeep Soni Aged About 45 Years R/o Motilal Nehru Nagar, Old Bhilai, District Durg, Chhattisgarh, Presently R/o J- 27, Sector 30, Avinash New County, Atal Nagar, Naya Raipur, Tehsil And District Raipur Chhattisgarh ... Petitioner versus Dr. Prajwal Pradeep Soni S/o Shri Pradeep Soni Aged About 47 Years R/o Soni Multi Specialty Hospital Abhanpur, District Raipur Chhattisgarh ... Respondent For Petitioner : Mr. Harsh Dave, Advocate For Respondent : Mr. T. K. Jha and Mr. Nimesh Jha, Advocates Hon'ble Shri Justice Sachin Singh Rajput

CAV Judgment

This writ petition under Article 227 of the Constitution of India has been filed by the petitioner assailing the order dated 11.06.2025 passed by the learned Second Additional Principal Judge, Family Court, Raipur (henceforth, 'Family Court') in Case No. 91/2022 by which the application filed by the petitioner on 21.04.2025 seeking clarification of the order dated 03.08.2022, was dismissed. The petitioner is also challenging the order dated 23.06.2025 passed by the Family Court in Case No. 91/2022, whereby the application filed by the petitioner on 17.06.2025 seeking immediate custody of the minor child was also dismissed.

2. The facts which emerge from the material on record are that the petitioner/mother preferred an application under Section 26 of the Hindu Marriage Act, 1955 seeking custody of minor son namely Master Hunar Soni @ Nihal Soni, aged about 06 years before the Family Court. The learned Family Court has passed an interim order dated 03.08.2022 making an arrangement of custody in favour of the petitioner and also granting permission to respondent to meet his child and keep his custody during school holidays/vacations. Since then, there have been multiple allegations between the petitioner and the respondent alleging the violation of the terms of the order dated 03.08.2022 by each other. The petitioner had to prefer an application dated 21.04.2025 seeking clarification of order dated 03.08.2022, which was dismissed by learned Court below vide impugned order dated 11.06.2025. Now during pendency of the main application under Section 26 of the Hindu Marriage Act, on 17.06.2025 after the petitioner left her child for coaching/training at cricket stadium, the respondent-father came there at about 7.30 am and took away her minor son without any intimation to her. Thereafter, on the same day, the petitioner filed an application before learned Court below seeking custody of her child from the respondent with immediate effect. The application was heard and by the impugned order dated 23.06.2025, the application of the petitioner has been dismissed by recording a finding that the order dated 03.08.2022 is very clear and both the parties are legally obligated to follow the same. However, finally it dismissed the application observing that on 20.06.2025 the minor child had expressed his willingness/desire to stay with his father.

3. Learned counsel for the petitioner submits that the petitioner and the respondents are qualified practicing doctors. Their marriage was solemnized on 18.04.2012 as per their rites and rituals. Out of their wedlock, a child namely Master Hunar @ Nihar was born on 06.10.2015. Some time after the marriage, differences and disputes started erupting between the petitioner and the respondent. Thereafter, on 04.12.2021 the respondent/husband ousted the petitioner/wife along with their minor child from the house, and as such the petitioner shifted to her matrimonial house at Bhhilai, Durg and then to Naya Raipur with her child from 16.01.2022. The petitioner had admitted the minor son in one Agrawal Public School, Naya Raipur. Later, in the year 2025 the petitioner admitted her minor child in Delhi Public School, Nawa Raipur. On 28.06.2022, the respondent/husband without