Disposed

Ajay Kumar Kashyap v. Madhu Kashyap

Chhattisgarh HC16 Sept 2026WP227/1207/2026

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought directions for the expedited disposal of pending matrimonial proceedings under Section 12 of the Hindu Marriage Act, 1955. The court acknowledged the prolonged pendency causing mental harassment but deemed it inappropriate to prescribe a specific time limit, instead directing the Family Court to expedite the trial in accordance with Section 21-B of the Act.

What did the court decide?

Directed Family Court to expeditiously conclude proceedings under Section 12 of the Hindu Marriage Act, 1955 without unnecessary adjournments, in compliance with Section 21-B.

Ajay Kumar Kashyap Vs Madhu Kashyap — Matrimonial and Divorce | Chhattisgarh HC (2026)

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Digitally signed SUMIT by SUMITKUMARDate: KUMAR 2026.09.1812:23:51 +0530

CGHC010346702026

2026:CGHC:40704

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WP227 No. 1207 of 2026

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Ajay Kumar Kashyap S/o Ramkrishna Aged About 26 Years Caste Kashyap, Resident Of Village Karra, Tahsil And P.S. Nawagarh, District Janjgir-Champa (C.G.)

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... Petitioner(s)

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versus

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1 - Madhu Kashyap W/o Ajay Kumar Kashyap Aged About 25 Years Resident Of Village Bhilauni, Tahsil Bemetara, Chhattisgarh

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2 - Santosh Verma Aged About 37 Years Resident Of Birkona, Ps Sarkanda, District Bilaspur (C.G.)

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... Respondent(s)

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For Petitioner(s) : Mr. Pradeep Kumar Jogi, Advocate

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(Hon’ble Shri Justice Ravindra Kumar Agrawal, J.)

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Order on Board

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17/09/2026

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Heard.

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Present is a writ petition filed by the petitioner with a limited prayer that the learned Principal Judge, Family Court, Janjgir-Champa may be directed to decide the case No. 120-A/2025 pending before it, in expeditious manner.

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Learned counsel for the petitioner would submit that the petitioner and respondent No.1 were married on 13.07.2024 according to Hindu rites and customs and thereafter, resided together as husband and wife at their matrimonial home. However, after about two months of the marriage, respondent No.1 allegedly started harassing the petitioner mentally and left the matrimonial home without any sufficient reason and has since been residing separately. He would submit that the petitioner made several efforts to bring respondent No.1 back and resume their matrimonial life but she refused to live with him. Consequently, the petitioner instituted proceedings under Section 12 of the Hindu Marriage Act, 1955 before the learned Principal Judge, Family Court, Janjgir and the said proceedings have remained pending for about one year and three months and have not yet been finally decided. He would further submit that the prolonged pendency of the matrimonial proceedings is causing considerable mental harassment and adversely affecting the petitioner and his future, therefore, he prays that the learned Family Court may be directed to conclude and decide the H.M.A. Case No. 120-A/2025 at the earliest.

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I have heard learned counsel for the petitioner and perused the document annexed with the writ petition.

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From perusal of the copy of the application (Annexure P-2), it transpires that the petitioner instituted an application under Section 12 of the Hindu Marriage Act, 1955 on 09.05.2025. The proceedings in the said case are still pending and, as is evident from the order sheets that the matter is presently pending consideration of the application filed by the non-applicant under Section 24 of the Hindu Marriage Act, 1955.

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At this juncture, it would be appropriate to refer to Sub-section (1) of Section 21-B of the Hindu Marriage Act, 1955, which provides for expeditious disposal of proceedings under the Act which is as under:-

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“(1). The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.”

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Be that as it may, having regard to the stage of the proceedings and the order sheets placed on record, this Court does not deem it appropriate to prescribe any specific time limit for disposal of the case. However, keeping in view the mandate of the Sub-section (1) of the Section 21-B of the Hindu Marriage Act, 1955, it is expected that the learned Family Court shall make all endeavour to proceed with the matter expeditiously and conclude the same at the earliest possible opportunity. It is further expected that unnecessary adjournments shall not be granted to either of the parties.

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It is made clear that this Court has not expressed any opinion on the merits of the case and the learned Family Court shall proceed with the matter uninfluenced by any observation made herein.

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With the aforesaid observations, the present writ petition stands disposed of .

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Sd/(Ravindra Kumar Agrawal) JUDGE

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Sumit

Ajay Kumar Kashyap v. Madhu Kashyap

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Ajay Kumar Kashyap v. Madhu Kashyap

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