1 CGHC010328482026 2026:CGHC:37977 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 1094 of 2026 1 - Sandeep Sharma S/o Sunil Kumar Sharma, Aged About 40 Years, R/o Junapara, Balgi, Balgi Project Tashil Katghora, District Korba, C.G. ... Petitioner versus 1 - Smt. Shilpi Sharma W/o Sandeep Sharma, Aged About 34 Years, Caste Brahman R/o S 644B, First Floor, Gali No. 06, School Block, Shakarpur, New Delhi, 110092. ... Respondent (Cause-title taken from Case Information System) For Petitioner : Mr. Vakas Kumar Pandey, Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 24-08-2026 1. The present is writ petition has been filed by the petitioner seeking the following relief(s):- “10.1 That this Hon’ble Court may kindly be pleased to direct the Judge, Family Court, Camp Court, Katghora, District Korba (C.G.) for concluding and deciding the proceedings of the Case No.19A/2024 within a suitable time frame fixed by this Hon’ble Court. 10.2 Any other relief, which this Hon’ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice. 10.3 Cost of the petition may also be granted to the petitioner.” Digitally signed by MOHAMMED AADIL KHAN Date: 2026.08.31 17:13:56 +0530 2 2. Learned counsel for the petitioner would submit that the petitioner is prosecuting an application under Section 13(1A) ii of the Hindu Marriage Act, 1955 for grant of divorce against the respondent before the learned Family Court Korba, Camp Court Katghora. The petitioner has filed the application on 15.02.2024. He would further submit that notice issued to the respondent/non-applicant could not be served and therefore, she not made her appearance in the proceeding and the proceeding of the application filed by the petitioner is still pending. The bailable warrant has also been issued, but the same could not be served upon the respondent/non-applicant. Therefore, the learned Family Court may be directed to conclude the proceeding of the application filed by the petitioner within the reasonable time-frame. 3. I have heard learned counsel for the petitioner and perused the order sheets of the learned Family Court annexed with petition. 4. From perusal of the order sheets it transpires that the petitioner has filed his application before the learned Family Court Korba, Camp Court Katghora under Section 13(1A) ii of the Hindu Marriage Act, 1955 on 15.02.2024. Thereafter, the summons was ordered to be issued to the non-applicant, however, the summons could not be served for one or other reason and the case has been adjourned from time to time, ultimately, on 31.10.2025 also when the summons could not be served upon the non-applicant the issuance of summons through ordinary as well as speed post mode both were ordered to be issued. Subsequent to that, on 28.01.2026 the speed post was returned unserved with the endorsement that the non-applicant refused to accept the same, thereafter, the learned Family Court issued bailable warrant for her appearance keeping in view the judgment passed by the Hon’ble Supreme Court in the case of Jagraj Singh Vs. Birpal Kaur, AIR 2007 SC 2083 and yet the bailable warrant could not be served upon the non-applicant/respondent and the case was again adjourned. 5. Since the summons/bailable warrant upon the non-applicant/respondent 3 could not be served despite various efforts made by the learned Family Court, this Court is of the opinion that at this stage the learned Family Court cannot be directed to conclude the proceeding within a stipulated time-frame as it reveals from the order sheets that the learned Family Court is already making its endeavour to get the summons/bailable warrant served upon the respondent/non-applicant so that her presence may be secured and proceeding for conciliation could be effected. Accordingly, I do not find any good ground to direct the learned Family Court for early conclusion of the trial of the case. Consequently, the writ petition fails and is hereby dismissed. Sd/- (Ravindra Kumar Agrawal) Judge Aadil