Dismissed¶19

Rahul Gupta v. Radhika Gupta

Chhattisgarh HC9 Feb 2025FA(MAT)/437/2024

Case brief

AI extract

What is this about?

Restitution of conjugal rights; Section 9 Hindu Marriage Act application dismissed for want of prosecution; counter claim Section 23(a); Family Court Ambikapur order 09.08.2024; analogous appeal FA (MAT) No. 156/2024; earlier judgment 28.02.2024 in CS No. 32/2022 (Raipur); condonation of delay I.A. No. 01/2024; appeal dismissed as sans merit.

What did the court decide?

Delay in filing the appeal condoned (I.A. No. 01/2024 allowed); no substantive relief — the appeal itself is dismissed. ¶19

Rahul Gupta Vs Radhika Gupta — Matrimonial and Divorce | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Delay in filing the appeal condoned (I.A. No. 01/2024 allowed); no substantive relief — the appeal itself is dismissed.

¶19

Issue for consideration

Whether the learned Family Court ought to have continued with the proceedings of the appellant-husband's counter claim under Section 23 (a) of the Act of 1955 for restitution of conjugal rights notwithstanding the dismissal of his Section 9 application for want of prosecution, and whether the impugned order dated 09.08.2024 should therefore be set aside.

¶17

Court's answer

The submission of the petitioner-in-person that the Family Court ought to have continued with the counter-claim proceedings cannot be accepted, since the issue of restitution of conjugal rights is already under consideration before this Court in FA (MAT) No. 156/2024, which came up for analogous hearing with the present appeal.

¶18

Ratio / Principle

I.A. No. 01/2024 for condonation of delay in filing the appeal, not opposed by counsel for the respondent, is allowed on due consideration and the delay in filing the appeal is condoned.

¶14

Key takeaways

The appeal is dismissed as sans merit.ratio¶19

Detailed headnote1 paragraphs

HIGH COURT OF CHHATTISGARH AT BILASPUR — FA(MAT) No. 437 of 2024, decided 10.02.2025 (Per Rajani Dubey, J.; Bench: Rajani Dubey and Sachin Singh Rajput, JJ.) — Appeal under Section 19(1) of the Family Court Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 by the husband against the order dated 09.08.2024 of the Family Court, Ambikapur (District-Surguja) dismissing his application under Section 9 of the Act of 1955 (restitution of conjugal rights) for want of prosecution — Delay in filing the appeal condoned (I.A. No. 01/2024) — Petitioner-in-person argued that the counter claim under Section 23(a) of the Act of 1955 for restitution of conjugal rights ought to have been continued and the impugned order set aside — Held, the submission cannot be accepted since the issue of restitution of conjugal rights is already under consideration before this Court in FA (MAT) No. 156/2024 (challenge to the judgment dated 28.02.2024 in CS No. 32/2022, Principle Judge, Raipur), which came up for analogous hearing — Appeal dismissed as sans merit.

2025:CGHC:7289-DB

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

FA(MAT) No. 437 of 2024

¶6

Rahul Gupta S/o Pawan Kumar Gupta Aged About 42 Years R/o M - 20, Sector - 1, Avanti Vihar, Raipur- 492001 Chhattisgarh. (Mobile No. 9039622335)

¶7

... Appellant

¶8

versus

¶9

Radhika Gupta W/o Rahul Gupta And D/o Rajendra Mittal Aged About 40 Years R/o B.W. - 08, Vasundhara Kundla City, Behind Agrasen Bhawan, Ambikapur, District Surguja 497001 Chhattisgarh. (Mobile No. 9752037827)

¶10

		... Respondent
Petitioner in Person	: Mr. Rahul Gupta appears through VC
For Respondent	: Mr. D. K. Gwalre, Advocate
	Hon’ble Smt. Rajani Dubey and Hon'ble Shri Justice Sachin Singh Rajput, JJs Order On Board

¶11

10.02.2025 Per Rajani Dubey, J.

¶12

1. Heard on I.A. No. 01/2024 application for condonation of delay in filing the appeal.

¶13

1. Not opposed by the counsel for the respondent.

¶14

1. On due consideration, the same is allowed and the delay in filing the appeal is hereby condoned.

¶15

1. This appeal under Section 19 (1) of the Family Court Act, 1984 Read with Section 28 of Hindu Marriage Act, 1955 (for short ‘Act of 1955’) is filed by the husband against the order dated 09.08.2024 passed by Family Court, Ambikapur District- Surguja C.G. (for short ‘family court’) by which the application under Section 9 of Act of 1955 is dismissed for want of prosecution.

¶16

¶17

1. Petitioner in person submits that though the application filed by the respondent-wife was dismissed for want of prosecution before the learned Family Court, however, the appellant-husband has filed a counter claim under Section 23 (a) of the Act of 1955 for restitution of conjugal rights. The learned Family Court ought to have continued with the proceedings of counter claim, therefore, the impugned order may be set aside.

¶18

1. It is also been informed that the appellant-husband had filed an application under Section 9 of the Act of 1955 before the Principle Judge, Raipur C.G. which was registered at CS No. 32/2022 which was dismissed by the learned Family Court vide its judgment dated 28.02.2024. The said judgment is subject to challenge in another appeal bearing FA (MAT) No. 156/2024 which came up for analogous hearing with this appeal before this Court. Since, the issue of restitution of conjugal rights is already under consideration before this Court in FA (MAT) No. 156/2024. Hence, the submission made by petitioner in person cannot be accepted.

¶19

1. Accordingly, the appeal sans merit is hereby dismissed.

¶20

Sd/Sd/- 8) (Rajani Dubey) Sd/- (Sachin Singh Rajput) Judge Judge

¶21

H. Ansari

¶22

Digitally signed HIFZURRAHMANANSARI byHIFZURRAHMANANSARI Date: 2025.02.25 15:26:04 +0530

Rahul Gupta v. Radhika Gupta

Case brief

What is this about?

What did the court decide?

Rahul Gupta v. Radhika Gupta

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Anil Chopra Vs G.K. Colonizers and Buildings Ltd.

Neeraj Jaiswal Vs C.G. Rent Control Tribunal

Sunil Sahu Vs Pankaj Shriwas

Mohammad Nasiruddin Vs Smt. Khairun Nisha

Bhuneshwar Shrivas Vs Kimti Goyal

Ashutosh Dewangan Vs Smt. Savita Dewangan