Udairam Basant v. Smt. Jyoti

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No.496 of 2017 Udairam Basant, S/o Shri Kirtan Basant, aged about 49 years, R/oVillage Rampur, Post Barnaidadar, Police Station Basna, District Mahasamund (CG). ---- Petitioner

Versus

Smt. Jyoti, W/o Shri Udairam Basant, aged about 42 years, R/o Talapara, Behind Ramjania Baba, Ekta Chowk, District Bilaspur (CG). --- Respondent For Petitioner :

Mr. Dhiraj Kumar Wankhede, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 24/07/2017 (1) Learned counsel appearing for the petitioner would submit that the petitioner may be allowed to file an application for restoration of petition under Section 13 of Hindu Marriage Act, 1955 before the Family Court, which was dismissed for want of prosecution vide impugned order dated 06.12.2016.

(2) The prayer appears to be fair and reasonable. (3) Be that as it may, the petitioner is permitted to file an application for restoration of petition under Section 13 of Hindu Marriage Act, 1955 before the Family Court, Mahasamund. If such an application is filed by the petitioner before the Family Court and, in turn, the Family Court shall consider and decide the same expeditiously from the date of receipt of copy of this order along with application of the petitioner. (4) With the aforesaid observation, the writ petition stands finally disposed of.

SD/- (Sanjay K. Agrawal) Judge L/-