IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE HIMANSHU JOSHI

ON THE 5^th OF JANUARY, 2026

MISC. CRIMINAL CASE No. 4757 of 2025

SMT. ANISHA TIWARI AND OTHERS

Versus

DR. K.K. TIWARI

Appearance:

Shri Jai Shukla - Advocate for the applicants.

ORDER Order IX Rule 9 CPC was filed seeking restoration of the Section 125(3) of Cr.P.C. proceedings, which was also dismissed by the Family Court vide the impugned order.

The present petition has been filed under Section 482 of the Code

of Criminal Procedure/ 528 of Bharatiye Nagarik Suraksha Sanhita, 2023 invoking the inherent powers of this Court to challenge the order dated 17.12.2024 passed by the Principal Judge of the Family Court, District Shahdol, (M.P.) whereby the application filed by the petitioner under Order IX Rule 9 CPC seeking restoration of her application under

Section 125(3) Cr.P.C. was dismissed.

2. The brief facts necessary for disposal of the present petition are

that the petitioner–wife had earlier obtained an order of maintenance under Section 125 Cr.P.C. Alleging non-payment of maintenance, she filed an application under Section 125(3) Cr.P.C. before the Family Court. The said application came to be dismisse