1 CGHC010307572026 2026:CGHC:36434 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 1035 of 2026 1 - Kavita Sinha W/o Tikeshwar Sinha Aged About 36 Years R/o House No. 89, Bazarpara, Ward No. 06, Deori, District- Dhamtari, (C.G.) ... Petitioner(s) versus 1 - Tikeshwar Sinha S/o Kartik Sinha Aged About 43 Years R/o House No. 89, Bazarpara, Ward No. 06, Deori, District- Dhamtari, (C.G.) ... Respondent(s) For Petitioner(s) : Mr. T.K.Jha, Sr. Counsel assisted by Mr. Tapan Kumar Chandra, Advocate For Respondent(s) : None present (Hon’ble Shri Justice Ravindra Kumar Agrawal) Order on Board 14/08/2026 Present is a petition under Article 227 of the Constitution of India, assailing the order dated 24.07.2026 passed by the learned Third Additional Principal Judge, Family Court, Durg, in Civil Suit No. 19 of 2 2026, whereby the right of the petitioner/non-applicant to file her written statement has been forfeited and the matter has been fixed for recording of the applicant’s evidence as well as for consideration of the application preferred by the petitioner under Section 24 of the Hindu Marriage Act, 1955. 2. Learned counsel for the petitioner submits that the respondent is prosecuting proceedings under Section 13(1)(a) of the Hindu Marriage Act, 1955 before the learned Family Court, Durg, wherein the petitioner entered appearance on 25.02.2026 and, on the same date, preferred an application under Section 24 of the Hindu Marriage Act, 1955 seeking maintenance pendente lite and litigation expenses. It is submitted that, thereafter, the matter has been adjourned from time to time and the application under Section 24 has not yet been decided. However, when the matter was taken up on 24.07.2026, the learned Family Court forfeited the petitioner’s right to file her written statement and fixed the case for consideration of the application under Section 24 of the Act as well as for recording of the applicant’s evidence. 3. He further submits that Section 24 of the Hindu Marriage Act, 1955 contemplates that an application thereunder should, as far as practicable, be disposed of within sixty days from the date of its service on the respondent. Despite the petitioner having filed the said application on 25.02.2026, the same has not yet been adjudicated. It is contended that the petitioner has no independent source of income and is not in a position to meet the expenses of the litigation. Therefore, unless her application under Section 24 is considered and decided, she SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2026.08.18 11:35:21 +0530 3 would be seriously prejudiced in effectively defending the matrimonial proceedings. 4. It is further submitted that, instead of forfeiting the petitioner’s right to file the written statement, the learned Family Court ought to have first considered and decided the application under Section 24 of the Hindu Marriage Act and thereafter required the petitioner to file her written statement. He submits that the learned Family Court has already fixed the case for 24.08.2026 for consideration of the petitioner’s application under Section 24 of the Hindu Marriage Act, 1955. It is, therefore, prayed that the learned Family Court be directed to consider and decide the said application on 24.08.2026 itself, or on the nearest possible date, subject to there being no legal impediment. It is further submitted that the order forfeiting the petitioner’s right to file her written statement may be set aside and she may be permitted to file the written statement on the date already fixed before the learned Family Court. 5. I have heard learned counsel for the petitioner and perused the documents annexed with the petition. 6. The principal submission advanced on behalf of the petitioner is that, having regard to the pendency of her application under Section 24 of the Hindu Marriage Act, 1955, the learned Family Court ought to have considered the said application before proceeding to forfeit her right to file the written statement. It is also submitted that the petitioner 4 is presently without any source of income and is unable to bear the expenses of the litigation. 7. It is not in dispute that the petitioner’s application under Section 24 of the Hindu Marriage Act, 1955 is already fixed for consideration on 24.08.2026. In the circumstances, and without expressing any opinion on the merits of the said application, this Court considers it appropriate to request the learned Family Court to consider and decide the application under Section 24 on 24.08.2026 itself, or on the nearest possible date, if there is no legal impediment. 8. The submission of the petitioner that she may be afforded one opportunity to file her written statement on the date already fixed before the learned Family Court, and in the interest of substantial justice, this Court considers it appropriate to set aside the order forfeiting the petitioner’s right to file the written statement. 9. Accordingly, the present petition stands disposed of with a direction to the learned Family Court to consider and decide the petitioner’s application under Section 24 of the Hindu Marriage Act, 1955 on 24.08.2026 itself, or on the nearest possible date, as far as practicable and subject to there being no legal impediment. The petitioner shall be permitted to file her written statement on 24.08.2026 before the learned Family Court. If the written statement is filed on the said date, the same shall be taken on record and the proceedings shall thereafter be continued and decided in accordance with law on their own merits. 5 10. The learned Family Court shall endeavour to ensure that no unnecessary adjournment is granted to either of the parties. The parties are also expected to cooperate with the learned Family Court in the expeditious disposal of the proceedings. Sd/- (Ravindra Kumar Agrawal) Judge