Raipur: The Chhattisgarh High Court has set aside an order passed by a Family Court in a maintenance case, after the presiding officer continued proceedings despite a stay order from the High Court. Justice BD Guru expressed displeasure over the judicial officer’s conduct and issued a show-cause notice, seeking a response within 15 days.
The matter pertains to the Raigarh Family Court, where a petitioner had sought to transfer a civil suit to another competent court. The petitioner alleged collusion between court staff and the respondent, claiming that frequent short dates were being given and document processing was delayed, raising doubts about a fair hearing.
On 10 March 2026, the High Court granted interim relief and stayed the proceedings of the civil suit. However, the presiding officer continued hearings on 10 March and 12 March, and passed an order for maintenance.
The High Court observed that the judge was aware of the stay order but still proceeded to pass a ruling and made remarks against the petitioner regarding the maintenance amount.
In its judgment, the court noted that once a superior court stays proceedings, the lower court loses jurisdiction to act further. Any such action is considered void. Accordingly, the High Court quashed the orders dated 10 March and 12 March 2026, directing that the matter be heard afresh as per law.
During the hearing, counsels informed the bench that the concerned presiding officer has been transferred, and a new officer has taken charge. The court noted that the transfer petition has become infructuous and stands disposed of.
The High Court has directed the Registrar General to seek an explanation from the former presiding officer within 15 days on why proceedings continued despite the stay. The explanation will be placed before the Chief Justice on the administrative side.
