1 CGHC010548312025 2026:CGHC:29764 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA(MAT) No. 67 of 2026 Beauty @ Sonali Banerjee W/o Rathindra Nath Banerjee Aged About 28 Years C/o Anil Chakrwarti Village Kodubhatta, Post And Police Station Raigarh Tehsil Raigarh, District Navrangpur (Odisha) ... Appellant versus Rathindra Nath Banerjee S/o Ramkrishna Nath Banerjee Aged About 38 Years R/o Village P.V.- 116 Pakhanjur, Tehsil Pakhanjur, District- Uttar Bastar Kanker (C.G.) ... Respondent For Appellant : Mr. Ajay Kumarani, Advocate For Respondent : Ms. Tanusha Pathak, Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 14.07.2026 1. Heard. 2. This appeal has been preferred by the appellant under Section 28 of the Hindu Marriage Act, 1955 with a following prayer:- It is, therefore, most humbly prayed that this Hon’ble Court may kindly be pleased to allow this appeal and the impugned judgment and decree dated 23.11.2022 Additional district Judge, Bhanupratappur, District Kanker, (CG) in Hindu Marriage Act Case No.02-A/2022, may kindly be set aside in the interest of justice. 3. Learned counsel for the appellant seeks permission of the Court to withdraw the appeal with liberty to challenge order dated 19.01.2026 passed BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.07.15 10:17:41 +0530 2 by the learned District Judge, Pankhanjur, Distt. North Bastar Kanker (CG) in MJC Civil No.5/2023. 4. Learned counsel for the respondent submits that if the appellant wants to challenge order dated 19.01.2026, whereby the application filed by the appellant under Section 5 of the Limitation Act has been rejected, he may challenge that order if law permits, however, no liberty to that effect may be granted. Learned counsel further submits that the ex parte judgment and decree dated 23.11.2022 was passed by the learned Additional District Judge, Bhanupratappur, District North Bastar Kanker, in Hindu Marriage Act Case No. 02-A/2022, and that, after expiry of the statutory period prescribed under Section 15 of the Hindu Marriage Act, 1955, the respondent-husband solemnized a second marriage with one Ms. Mousmi Banerjee on 24.04.2023. In support of the said submission, learned counsel has placed on record a copy of the marriage certificate (Annexure R/2). 5. Having considered the aforesaid submissions and the material available on record, and further taking into consideration the fact that the appellant has not disclosed in the present appeal the subsequent filing of an application under Order IX Rule 13 of the Code of Civil Procedure, 1908, and has referred only to the earlier application of a similar nature and its rejection by order dated 20.02.2024 and further, the respondent-husband solemnized second marriage on 24.4.2023, therefore, in the facts situation of the case, the petitioner is permitted to withdraw this appeal. However, no liberty, as prayed for, is granted. 6. Accordingly, the appeal is dismissed as withdrawn. No liberty, as prayed for, is granted. Sd/- (Naresh Kumar Chandravanshi) Judge Bini