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2026 DAILYLAW 35486 (CHH)

ASHISH GAUTAM v. SMT. MINAKSHI GAUTAM

WP227/1174/2026 · 2026-09-08

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 CGHC010350622026 2026:CGHC:39594 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 1174 of 2026 1 - Ashish Gautam S/o Late Yogendra Prasad Gautam Aged About 37 Years R/o Quarter No. M/217, Vikas Nagar, P.S. Kusmunda, Tahsil-Katghora, District- Korba, (C.G.) ... Petitioner(s) versus 1 - Smt. Minakshi Gautam D/o Mahendra Pandey Aged About 30 Years R/o Village Burhar, District- Shahdol M.P. Current Address- Vikrampur, Ward No. 15, Near Chunna Bhatta, Tehsil-Burhar District- Shahdol (M.P.) ... Respondent(s) For Petitioner(s) : Mr. Shubham Dev Mallick, Advocate Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 09.09.2026 1. The present writ petition under Article 227 of the Constitution of India has been filed by the petitioner with the following prayer :- “10.1 That this Hon'ble Court may kindly be pleased to Issue a direction or order to the learned Principal Judge, Family Court, Katghora, Dist- Korba to expedite the proceedings of Civil Suit No.63 A of 2023 titled as Ashish SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2026.09.11 10:26:11 +0530 2 Gautam vs. Smt Minakshi Gautam filed under Section 9 of the Hindu Marriage Act, 1955. 10.2 That this Hon'ble Court may kindly be pleased to Direct the Family Court Katghora to dispose of and the case finally within a strict decide timeframe, 3 months. preferably within a period of 10.3 That this Hon'ble Court may kindly be pleased to grant any other relief, Which it deems fit and proper in the interest of justice.” 2. Learned Counsel for the petitioner would make a limited submission that the application filed by the petitioner under Section 9 of Hindu Marriage Act, 1955 for restitution of conjugal rights is pending before the learned Principal Judge, Family Court, Korba, Link Court at Katghora, which is pending since 24.04.2023 and till date the evidence has not been recorded. Therefore, the learned family Court may be directed to expedite the proceeding of the case and conclude the same as early as possible preferably within a stipulate time frame. 3. I have heard the counsel for the petitioner and perused the material annexed with the petition. 4. Considering the limited submissions made by learned counsel for the petitioner and further considering the fact that the application filed by the petitioner under Section 9 of Hindu Marriage Act, 1955, is pending before the learned family Court, Korba, Link Court at Katghora from 24.04.2023 and presently the case has been fixed for recording of the plaintiff’s evidence and as per the submission made by learned counsel for the petitioner that plaintiff’s evidence has not been started yet, I deem it appropriate to direct the learned Family Court to expedite the proceeding of the case. 3 5. Accordingly, the present writ petition is disposed of directing the learned Family Court to expedite the proceeding of the Civil Suit No. 63-A/2023, which is the application under Section 9 of Hindu Marriage Act, 1955 filed by the petitioner in expeditious manner and conclude the same within five months from the next date fixed before it, in accordance with law on its own merits after giving proper opportunity of hearing to the parties concerned. 6. With the aforesaid direction, the present writ petition is disposed of. Sd/- (Ravindra Kumar Agrawal) Judge sagrika