1 2025:CGHC:7289-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA(MAT) No. 437 of 2024 Rahul Gupta S/o Pawan Kumar Gupta Aged About 42 Years R/o M - 20, Sector - 1, Avanti Vihar, Raipur- 492001 Chhattisgarh. (Mobile No. 9039622335) ... Appellant versus Radhika Gupta W/o Rahul Gupta And D/o Rajendra Mittal Aged About 40 Years R/o B.W. - 08, Vasundhara Kundla City, Behind Agrasen Bhawan, Ambikapur, District Surguja 497001 Chhattisgarh. (Mobile No. 9752037827) ... Respondent Petitioner in Person : Mr. Rahul Gupta appears through VC For Respondent : Mr. D. K. Gwalre, Advocate Hon’ble Smt. Rajani Dubey and Hon'ble Shri Justice Sachin Singh Rajput, JJs Order On Board 10.02.2025 Per Rajani Dubey, J. 1) Heard on I.A. No. 01/2024 application for condonation of delay in filing the appeal. 2) Not opposed by the counsel for the respondent. 3) On due consideration, the same is allowed and the delay in filing the appeal is hereby condoned. 4) This appeal under Section 19 (1) of the Family Court Act, 1984 Read with Section 28 of Hindu Marriage Act, 1955 (for short ‘Act of 1955’) is filed by the husband against the order dated 09.08.2024 passed by Family Court, Ambikapur District- Surguja C.G. (for short ‘family court’) by which the application under Section 9 of Act of 1955 is dismissed for want of prosecution. 2 5) Petitioner in person submits that though the application filed by the respondent-wife was dismissed for want of prosecution before the learned Family Court, however, the appellant-husband has filed a counter claim under Section 23 (a) of the Act of 1955 for restitution of conjugal rights. The learned Family Court ought to have continued with the proceedings of counter claim, therefore, the impugned order may be set aside. 6) It is also been informed that the appellant-husband had filed an application under Section 9 of the Act of 1955 before the Principle Judge, Raipur C.G. which was registered at CS No. 32/2022 which was dismissed by the learned Family Court vide its judgment dated 28.02.2024. The said judgment is subject to challenge in another appeal bearing FA (MAT) No. 156/2024 which came up for analogous hearing with this appeal before this Court. Since, the issue of restitution of conjugal rights is already under consideration before this Court in FA (MAT) No. 156/2024. Hence, the submission made by petitioner in person cannot be accepted. 7) Accordingly, the appeal sans merit is hereby dismissed. Sd/- Sd/- 8) (Rajani Dubey) Sd/-(Sachin Singh Rajput) Judge Judge H. Ansari HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.02.25 15:26:04 +0530