Vikas Khare Vs Shweta Shrivastav — Matrimonial and Divorce | Chhattisgarh HC (2024)

Vikas Khare Vs Shweta Shrivastav — Matrimonial and Divorce | Chhattisgarh HC (2024)

What the court decided

AI extract

Outcome

Directions to the Family Court, Durg: (i) if the wife's personal attendance is required, a suitable order for her travelling and stay expenses, borne by the husband; (ii) liberty to permit her participation through video/virtual mode with provision of a virtual hearing link; and (iii) earnest endeavour to conclude Civil Suit No.356/2023 expeditiously.

Issue for consideration

Whether appropriate direction should be issued to expedite the proceedings of Civil Suit No.356/2023 pending before the Family Court, Durg (CG). +1 more

Court's answer

The concerned Family Court is expected to make earnest endeavour to conclude the proceedings of Civil Suit No.356/2023 in an expeditious manner (expressed as the Court's hope and trust, with which the petition is disposed of).

Ratio / Principle

If the wife/respondent is required to come personally to attend the court proceedings, the Family Court shall pass a suitable order regarding expenses for travelling and stay in her favour, which shall be borne by the husband.

Key takeaways

The Family Court may grant permission to the wife to participate in the court proceedings through video/virtual mode where personal appearance is not required, and a virtual hearing link may be provided to her at the relevant time.ratio¶17

Detailed headnote1 paragraphs

Chhattisgarh High Court (Bilaspur), single bench of Deepak Kumar Tiwari, J., disposed of WP227 No. 1006 of 2024 (decided 11.11.2024) filed by the husband seeking expedition of Civil Suit No.356/2023 pending before the Family Court, Durg (CG). Background (per counsel's submission): after notice the respondent-wife did not appear and the matter was fixed for judgment; the Family Court reopened it on the basis of principles laid down in Jagraj Singh Vs. Veerpal Singh Kaur [(2007) SCC 564] owing to non-compliance with Section 23 (2) of the Hindu Marriage Act, and a bailable warrant was thereafter issued, following which she engaged a lawyer. Noting the wife presently resides at Goregaon, Mumbai (permanent address Prayagraj, Uttar Pradesh), the Court directed that if her personal attendance is required, travelling and stay expenses be ordered in her favour and borne by the husband; permitted participation through video/virtual mode with provision of a virtual hearing link; and hoped and trusted the Family Court would conclude the proceedings expeditiously. Petition disposed of accordingly; respondent represented by none.

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2024:CGHC:43687

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WP227 No. 1006 of 2024

Vikas Khare S/o Vinod Kumar Khare, Aged About 39 Years R/o Village-Hanoda, Padmanabhpur, District-Durg (C.G.) ... Petitioner.

versus

AJAY KUMAR DWIVEDI Date: 2024.11.12 11:06:32 +0530

Shweta Shrivastav W/o Vikas Khare, Aged About 38 Years R/o 401/402, Wing A, Lotus Corporate Park, Goregaon, District-Mumbai, Maharastra. ... Respondent.

For Petitioner	: Mr. AbhyudayTripathi, Advocate.
For Respondent	: None.

SB : Hon'ble Shri Justice Deepak Kumar Tiwari, J. Order On Board

11.11.2024

By way of this petition learned counsel for the petitioner seeks appropriate direction to expedite the proceedings of Civil Suit No.356/2023 pending before the Family Court, Durg (CG).

Learned counsel for the petitioner submits that earlier even after service of notice on the respondent/wife, she did not appear and matter was fixed for judgment, however, later on the case was reopened by the Family Court on the basis of principles laid down in Jagraj Singh Vs. Veerpal Singh Kaur [(2007) SCC 564] as no effort has been made to comply with the statutory provisions contained in Section 23 (2) of the Hindu Marriage Act. He also

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submit that a bailable warrant has also been issued against the respondent and thereafter only she has engaged a lawyer. In such circumstances, appropriate direction is required to conclude the proceedings within stipulated period.

From the facts of the case, it appears that wife is presently residing at Goregaon, Mumbai (Maharashtra) and her permanent address is mentioned as Prayagraj (Uttar Pradesh). Considering the nature of the dispute between the parties and location of address of the respondent, the Family Court is directed that if the wife is required to come personally to attend the court proceeding, then suitable order regarding expenses for traveling & stay shall be passed in her favour which shall be borne by the husband. Further, the Family Court may also grant permission to the wife to participate in the court proceedings through video/virtual mode, if not required to appear personally in the Court. In this regard, virtual hearing link may also be provided to her at the relevant time.

This Court also hopes and trusts that the concerned Family Court shall make earnest endavour to the conclude the proceedings in the concerned case in expeditious manner.

With the aforesaid observation, this petition stands disposed of.

Sd/-

(Deepak Kumar Tiwari) Judge

Ajay