Allowed

Smt. Rekha Karmakar v. Shubhro Karmakar

Chhattisgarh HC20 Sept 2026WP227/1220/2026

Case brief

AI extract

What is this about?

The petitioner sought a writ of mandamus under Article 227 to compel the Family Court to expedite her divorce petition filed under Section 13 of the Hindu Marriage Act, 1955. The High Court observed that the Family Court's adjournment to 07.12.2026 was contrary to Section 21B of the Act and directed the Family Court to expedite and conclude the proceedings as early as possible, preferably within six months from the next date fixed. The petitioner was granted liberty to move an application for preponing the hearing.

What did the court decide?

Writ petition disposed of with direction to the Family Court to expedite and conclude the divorce proceedings as early as possible, preferably within six months from the next date fixed; petitioner at liberty to move application for preponing the hearing.

Smt. Rekha Karmakar Vs Shubhro Karmakar — Matrimonial and Divorce | Chhattisgarh HC (2026)

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CGHC010366372026

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Digitally signed by SAGRIKA SAGRIKA AGRAWAL AGRAWAL Date: 2026.09.22 10:39:07 +0530

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WP227 No. 1220 of 2026

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1 - Smt. Rekha Karmakar W/o Shubhro Karmakar Aged About 40 Years R/o Plot No 06, Ward No 16, Sundar Vihar Colony, I E Bhilai, District Durg (C.G.)

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... Petitioner(s)

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versus

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1 - Shubhro Karmakar S/o Hare Krishna Karmakar Aged About 42 Years R/o Plot No 06, Sundar Vihar Colony Housing Board Ke Pas Bhilai, District Durg (C.G.)

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... Respondent(s)

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(Cause title taken from CIS)

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For Petitioner(s) : Mr. Abhinav Singh Chandel, Advocate

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Hon’ble Shri Justice Ravindra Kumar Agrawal, J.

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Order on board

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21.09.2026

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Present is a writ petition under Article 227 of Constitution of India claiming the limited relief that the learned Family Court may be directed to expedite the proceeding of Case No. CS-A/760/2025 and shall decide the same within the stipulated time frame.

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Learned counsel for the petitioner would submit that the petitioner is the applicant before the learned Family Court. She is prosecuting an application under Section 13 of Hindu Marriage Act, 1955. The application was filed on 21.08.2025 and after repeated opportunity granted to the nonapplicant, written statement was filed on 20/03/2026 and thereafter, the case was fixed for recording evidence of the applicant on 29.07.2026. On 13.07.2026, on the request of non-applicant, date was adjourned and thereafter on 29.07.2026, the case was referred for mediation. However, on 05.08.2026, the request made by the non-applicant to supply the copy of the document, date was adjourned and the case was further fixed for cross examination of the applicant’s witness on 07.12.2026. Therefore, he prayed for direction to the learned Family Court to expedite the proceeding of the case and conclude the same within stipulated time frame.

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

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It transpires from the Order-sheet that for one and other reasons the proceeding of the case was adjourned, however, on 05.08.2026, when the case was fixed for cross examination of the applicant’s witness and mediation report, the non-applicant raised an objection that they have not received copy of the document filed by the applicant, before the learned Family Court and then, the applicant had taken time to supply the same and then the case was adjourned for 07.12.2026. On 05.08.2026, the date was adjourned for 07.12.2026 which is contrary to the scope of Section 21B of Hindu Marriage Act, 1955. Since, the date of 07.12.2026 has already been fixed by the learned Family Court, the applicant is at liberty to move appropriate application before the learned Family Court for pre-poneing of

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date of the hearing of the case. If such application is being made by the applicant, the same shall be considered in accordance with law after giving opportunity to parties concerned.

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Considering the limited submissions made by learned counsel for the petitioner, the present writ petition is disposed of directing the learned Family Court to expedite the proceeding of the case and shall conclude the same as early as possible preferably within six months from the next date fixed before it.

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Needless to say that the parties concerned shall not take unnecessary adjournment and shall cooperation with the early disposal of the case.

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Sd/-

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(Ravindra Kumar Agrawal) Judge

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Sagrika

Smt. Rekha Karmakar v. Shubhro Karmakar

Case brief

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Smt. Rekha Karmakar v. Shubhro Karmakar

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