2026:CGHC:12820 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 305 of 2026 Smt. Rani Gupta W/o Atul Agrawal, Aged About 37 Years R/o Ganj Para, Indira Gandhi Ward, P.S. Ganj, District- Raipur Chhattisgarh ... Petitioner(s)

versus Atul Agrawal S/o Shri Shankar Lal Agrawal, Aged About 42 Years R/o Agrasen Chowk, Ward No. 11, Kharora, Ps And Tahsil Kharora, District-

Raipur Chhattisgarh ... Respondent(s)

For Petitioner(s) : Mr. S.P. Sahu, Advocate Hon'ble Shr i Justice Ravindra Kumar Agrawal, J.

Order on Board

17/03/2026

1. Heard.

2. The present writ petition has been filed under Article 227 of the Constitution of India for a direction to the learned First Additional Principal Judge, Family Court, Raipur for expeditious decision of the execution MCC No. 1349/2025.

3. Learned counsel for the applicant would submit that the petitioner had prosecuted an application under Section 125 of CrPC before the learned Principal Judge, Family Court, Raipur which was registered as criminal MCC No. 57/2023 and it was decided on 05.03.2024 by which the monthly maintenance amount of Rs. 30,000/- has been awarded in favour of the applicant. The applicant had filed an execution proceeding of the order dated 05.03.2024 passed by learned Principal Judge, Family Court, Raipur on 02.12.2025 and till date the order of maintenance has not been executed despite repeated date of hearing before the learned Family Court, therefore, learned Family Court may be directed to expedite the execution proceeding.

4. I have heard learned counsel for the applicant and perused the material annexed with the petition.

5. True it is that an order of granting maintenance in favour of the applicant has been passed by the Family Court on 05.03.2024 but the applicant has filed the execution proceeding under Section 125(3) of the CrPC before the learned Family Court on 02.12.2025 in which the notices were ordered to be issued and from the order sheet, it transpires that on 22.12.2025, the notice could not be served upon the non applicant, however, on 06.01.2026 the non applicant appeared in the proceeding before the learned Family Court, however, the presiding officer was not available and the date was adjourned for 23.01.2026. On 23.01.2026 the non applicant again appeared and sought time for payment of the amount and the next date was fixed on 26.02.2026, thereafter, the applicant has filed the present petition on 10.03.2026 for a direction to expeditious disposal of the execution proceeding.

6. From perusal of the entire material annexed with the petition as well as filing of the execution proceeding on 02.12.2025, the petition could not make out any case so as to invoke writ jurisdiction to direct the learned Family Court to expedite the execution proceeding at this stage.

7. Accordingly, the writ petition is dismissed Sd/-

(Ravindra Kumar Agrawal)

Judge

Sumit