1 2025:CGHC:10210 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 188 of 2025  Sadanand Prauha S/o Shri Anand Prauha Aged About 30 Years R/o Village Sarma, Post Korbi, Tahsil - Poudiuproda, District - Korba Chhattisgarh ... Petitioner(s) versus  Smt. Eshika Prauha W/o Shri Sadanand Prauha, D/o Shri Roshan Khurshel Aged About 26 Years R/o Railway Colony Near Water Tank, Ward No. 03, Manendragarh, District Korea, Chhattisgarh ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Mr. Shalvik Tiwari, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 03. 03.2025 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 To quash/ set aside order dated 20/12/2024 passed by the learned Judge Family Court, Camp Court, Katghora, District Korba (C.G.) 10.2 The Hon’ble Court may be pleased to dismiss the application filed the Respondent/wife under Order 9 Rule 7 of CPC. 10.3 Any other relief which the Hon’ble Court deems fit and proper under the facts and circumstances of the case may also be passed in favour of the petitioner.” 2. The facts of the present case are that the wife/respondent left the house of the petitioner/husband after 18 days of marriage and lodged an FIR against the petitioner/husband for commission of offence punishable under Section 498A read with Section 34 of IPC and said FIR was quashed by this SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.03.04 17:11:01 +0530 2 Hon’ble Court vide order dated 13.10.2023. The petitioner/husband filed a suit under Section 13 of the Hindu Marriage Act, 1955 before the learned Family Court, Camp Court Katghora, District Korba. A transfer petition was filed by the respondent and the same was dismissed vide order dated 27.07.2023. On 31.07.2024, the learned Family Court, Katghora proceeded ex-parte against the respondent. The respondent/wife filed an application under Order 9 Rule 7 of CPC and the same was allowed by the learned Family Court vide order dated 20.12.2024, against the said order instant petition has been filed. 3. Learned counsel appearing for the petitioner/husband would submit that the petitioner is a disabled person, and he is regularly appearing before the learned Family Court. He would further submit that a frivolous complaint was registered against the petitioner, and thus, he filed a suit for dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955. He would further submit that the respondent/wife failed to produce clinching evidence to demonstrate her medical illness. He would also submit that the learned Family Court committed an error of law in allowing the application filed by the respondent under Order 9 Rule 7 of CPC. 4. Heard. 5. Admittedly, a suit was filed by the petitioner/husband for dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955. The respondent/wife filed a transfer petition and the same was dismissed vide order dated 27.07.2023. On 31.07.2024, the learned trial Court proceeded ex-parte. Thereafter, on 25.10.2024, an application under Order 9 Rule 7 of CPC was filed by respondent/wife and the same was allowed by the learned Family Court on 20.12.2024. 6. Taking into consideration the fact that the learned trail Court taking into 3 consideration the reasons assigned in the application moved by the respondent under Order 9 Rule 7 of CPC allowed it, while exercising its discretion; therefore, I do not find any good ground to interfere with the order passed by the learned trial Court dated 20.12.2024. Accordingly, this petition fails and is hereby dismissed. Sd Sd/- (Rakesh Mohan Pandey) Judge $iddhant