1 CGHC010233682026 2026:CGHC:28792 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 695 of 2026 1 - Kamlesh Patel S/o Shri Premlal Patel Aged About 35 Years R/o- Present Address F- 14, Rahith 01, Agroha Colony Near Near Om Hospital C.G. Permanent Address Village Bawarangpur Saraipali Post Patsendri Tehsil Yana Saraipali District Mahasamund C.G. ... Petitioner(s) versus 1 - Varsha Patel W/o Shri Kamlesh Patel Aged About 28 Years D/o Shri Bhuvanlal Patel R/o Village Kunjedwari Police Station Jute Mill Raigarh Post Office Kodatarai Raigarh Tehsil District Raigarh C.G. ... Respondent(s) For Petitioner(s) : Ms. Madhunisha Singh, Advocate For Respondent(s) : Ms. Shruti Shrivastava, Advocate (Hon’ble Shri Justice Ravindra Kumar Agrawal) Order on Board 09/07/2026 The petitioner has preferred the present writ petition seeking a limited direction to the learned Family Court to expeditiously decide the 2 application instituted under Section 9 of the Hindu Marriage Act, 1955, registered as HMA Case No. 106/2025, within a stipulated period. 2. Learned counsel for the petitioner submits that the aforesaid application was filed by the petitioner on 25.01.2025 and despite the lapse of considerable time, even the issues have not yet been framed. It is further contended that the respondent had earlier preferred Transfer Petition (Civil) No. 181/2025, pursuant to which an interim order staying further proceedings of the said case was granted. However, the transfer petition came to be dismissed on 18.02.2026 for non-compliance with the peremptory order. Despite dismissal of the transfer petition, no substantial progress has been made before the learned Family Court. It is, therefore, prayed that the learned Family Court be directed to expedite the proceedings and conclude the same within a fixed time frame. 3. On the other hand, learned counsel appearing for the respondent submits that although the transfer petition has been dismissed for non- compliance with the peremptory order, an application seeking restoration thereof has already been preferred before this Court TPC No. 181/2025 and is presently pending consideration. It is, therefore, contended that no direction for early disposal of the proceedings deserves to be issued at this stage. 4. I have heard learned counsel for the parties and perused the material available on record. 3 5. The filing of the application under Section 9 of the Hindu Marriage Act, 1955 on 25.01.2025 and the filing of Transfer Petition (Civil) No. 181/2025 are undisputed. It has also emerged from the submissions advanced on behalf of the parties that the aforesaid transfer petition stood dismissed on 18.02.2026 for non-compliance with the peremptory order and that the restoration application is presently pending before this Court. Significantly, there is no subsisting interim order staying further proceedings before the learned Family Court. 6. Considering that the application filed by the petitioner under Section 9 of the Hindu Marriage Act, 1955 has remained pending since 25.01.2025 and that even the issues have not yet been framed, this Court is of the considered opinion that the interest of justice would be subserved by directing the learned Family Court to proceed with the matter expeditiously. 7. Accordingly, the present writ petition is disposed of with a direction to the learned Principal Judge, Family Court, Raipur, to make every endeavour to conclude the proceedings in HMA Case No. 106/2025 as expeditiously as possible, preferably within a period of six months from the next date fixed before the Court, subject to there being no legal impediment, after affording due opportunity of hearing to all concerned and strictly in accordance with law. Sd/- (Ravindra Kumar Agrawal) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2026.07.10 14:38:36 +0530