1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 1352 of 2025 Smt. Shobha Dighraskar W/o Shekhar Dighraskar Aged About 44 Years R/o Working Address Senior School Uro School, Badlapur Mumbai Maharashtra. ... Petitioner versus Shekhar Dighraskar S/o Late Subhash Dighraskar Aged About 49 Years R/o Tilak Nagar, Chantapara, Near Shiv Hanuman Mandir, Bilaspur C.G. ... Respondent For Petitioner : Mr. A. D. Kuldeep, Advocate For Respondent : None Hon'ble Shri Justice Sachin Singh Rajput Order On Board 19.12.2025 1. The present writ petition has been filed by the petitioner challenging the order dated 15.11.2025 passed by the learned 2nd Additional Principal Judge, Family Court, Bilaspur (C.G.) in Civil Suit No. 419-A/2025 whereby the application filed by the petitioner under Order VII Rule 11 of the Code of Civil Procedure, 1908 was rejected. 2. Learned counsel for the petitioner submits that the respondent husband had filed an application under Section 13(2) of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act of 1955”) which provides for grant of divorce under special circumstances only at the instance of the wife. He submits that since the respondent is the husband, he was not entitled to file an application under Section 13(2) of the HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.12.22 10:49:45 +0530 2 Act of 1955, and therefore, the said application ought not to have been entertained by the learned Family Court and was liable to be rejected. He further submits that the rejection of the petitioner’s application under Order VII Rule 11 by the learned Family Court is illegal and irregular. 3. I have heard the learned counsel for the petitioner and perused the record. 4. A perusal of the impugned order reveals that the respondent-husband had in fact filed an application under Section 13(1)(i)(ख) of the Act of 1955, and not under Section 13(2) of the Act of 1955. The learned Family Court has rightly recorded that the application was filed in accordance with law and accordingly dismissed the application under Order VII Rule 11 of the Code of Civil Procedure. Upon careful examination of the impugned order, this Court does not find any illegality or irregularity in its passing. 5. Accordingly, the writ petition is dismissed. All pending applications, if any, also stand disposed of. Sd/- (Sachin Singh Rajput) Judge H.Ansari