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2025 DAILYLAW 56715 (CHH)

SMT. BHUMIKA TIWARI v. ANKUR TIWARI

FA(MAT)/389/2025 · 2025-11-03

Shri Sanjay K Agrawal, Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 FA(MAT) No. 389 of 2025 2025:CGHC:53794-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA(MAT) No. 389 of 2025  Smt. Bhumika Tiwari D/o Shri Devnath Rao, Aged About 33 Years, R/o Shivaji Basti, Baspara, Ward No. 25, Dhamtari, Tahsil and District - Dhamtari (C.G.). ... Appellant versus  Ankur Tiwari S/o Shri A.K. Tiwari, Aged About 34 Years, R/o S-10, Janta Quarter Padmnabhpur, Ward No. 46, Durg, Tahsil and District - Durg (C.G.). ... Respondent For Appellant :- Mr. T.K. Jha, Advocate. For Respondent :- Mr. Tapan Chandra, Advocate. Division Bench Hon'ble Shri Justice Sanjay K. Agrawal & Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment On Board (04.11.2025) Sanjay K. Agrawal, J 1.Appellant and respondent are also present along with their respective counsels. 2.This appeal is listed for orders on default holding that the appeal is not maintainable against the order dated 07.10.2025 passed by the ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.11.04 17:59:52 +0530 2 FA(MAT) No. 389 of 2025 1st Additional Principal Judge, Family Court, Raipur, Chhattisgarh. 3.Learned counsel for the parties would submit that they have filed the application for granting decree of divorce on the basis of mutual consent and application for waiving off the cooling period which has not been considered by the Family Court despite application for urgent hearing jointly made by both the parties. Since the parties are present, they have made the application for grant of divorce on the basis of mutual consent and also for waiving off the cooling period, the Family Court could have considered the applications and passed an order on the application for waving off the cooling period and grant of divorce expeditiously looking to the object of the enactment of the Family Courts Act, 1984 to provide for the establishment of Family Courts promote the conciliation in, and secure speedy settlement of disputes relating to marriage and family affairs and for matters connected therewith. 3 FA(MAT) No. 389 of 2025 4.In view of the above, the Family Court is directed to consider and dispose off the application for grant of divorce filed under Section 13B of the Hindu Marriage Act, 1955, and application for waiving off the cooling period expeditously, in accordance with law. Parties are directed to appear before the concerned Family Court on 10th of November, 2025 and on that day, the Family Court will take-up the matter and will hear the applications for divorce on mutual consent and waiving off the cooling period, strictly in accordance with law. However, it is made clear that this Court has not expressed any opinion on the merits of the case. 5.In view of the aforesaid observation/direction the instant appeal stands disposed off. 6.Certified copy as per rules. Sd/- Sd/- (Sanjay K. Agrawal) (Sanjay Kumar Jaiswal) Judge Judge Ankit