1 2025:CGHC:31991 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA(MAT) No. 17 of 2020 1 - Phalit Chaturvedi S/o Late Shri Gopiram Chaturvedi Aged About 29 Years R/o Village Lalakapa, Post Office Khairwar, Tahsil And District Mungeli Chhattisgarh., District : Mungeli, Chhattisgarh ... Appellant / plaintiff versus 1 - Smt. Ramkumari Chaturvedi @ Soniya W/o Phalit Chaturvedi Aged About 24 Years R/o Village Lalakapa, Post Office Khairwar, Tahsil And District Mungeli Chhattisgarh., District : Mungeli, Chhattisgarh ... Respondent /defendant (Cause title is taken from Case Information System) For Appellant : Mr. Amit Kumar Chaki, Advocate. For Respondent : Mr. Banhiman Roy, Advocate. Hon’ble Mr. Justice Naresh Kumar Chandravanshi Order on Board 10/07/2025 1. With the consent of counsel for the parties, the matter is heard finally. 2. This first appeal (MAT) under Section 28 of Hindu Marriage Act, 1955 (henceforth, Act, 1955) has been preferred by the appellant /plaintiff / husband challenging the impugned judgment & decree dated 22.10.2019 (Annexure A-1) passed by District Judge, Mungeli, District Mungeli (C.G.) in Civil Suit No. 22-A / 2019 (Phalit Chaturvedi Vs. Smt. Ramkumari Chaturvedi) 2 whereby civil suit filed by appellant / husband for grant of decree of divorce has been rejected. 3. During course of submissions, learned counsel appearing for both the parties jointly agreed to the fact that since vide impugned judgment dated 22.10.2019, ex parte order has been passed and civil suit filed by appellant / husband for grant of decree of divorce has been rejected, that too, notice has not been duly served to the respondent / wife, therefore, they submit that impugned judgment dated 22.10.2019 may be set aside and matter may be remanded back to the concerned Family Court to decide the case afresh on merits in accordance with law after affording due opportunity to respondent /wife to file written statement and adduce oral & documentary evidence. 4. Having considered the contention putforth by learned counsel for the parties, particularly, considering the fact that divorce petition filed by the husband/petitioner has been rejected by the learned District Judge, Mungli, vide ex parte impugned judgment & decree dated 22.10.2019; and perusal of the record of trial Court further shows that notice was not duly served to the respondent/ wife, therefore, I feel inclined to allow the contention made by counsel for both the parties. 5. Consequently, ex parte judgment & decree dated 22.10.2019 passed by District Judge, Mungeli, District Mungeli in Civil Suit No. 22-A/2019 (Annexure A-1) is set aside. Now, since Family Court is functioning in District Mungeli (C.G.), therefore, the matter is remanded back to the Family Court, Mungeli with a direction to register it in the Family Court and to decide the case afresh on its own merits in accordance with law after affording 3 opportunity to respondent/wife to file written statement and to adduce oral and documentary evidence to both the parties. It is further directed that the case be decided expeditiously preferably within a period of six months from date of receipt /submission of copy of this order alongwith record of the trial Court. 6. Counsel for the parties are directed to make present their respective parties before the Family Court, Mungeli on 04.08.2025. 7. Copy of this order be sent to the Family Court, Mungeli, District Mungeli (C.G.) alongwith original record of the trial Court forthwith to do the needful 8. With the aforesaid observations & directions, the First Appeal (MAT) stands disposed of. 9. Pending application (s), if any, also stands disposed of . Sd/- (Naresh Kumar Chandravanshi) Judge amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.07.15 10:47:09 +0530