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2025 Supreme(Online)(Chh) 17867

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
ASHISH KUMAR PANDEY – Appellant
Versus
SMT. ANKITA PANDEY – Respondent
WP227/556/2025



2025:CGHC:58653 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 556 of 2025 Ashish Kumar Pandey S/o Vijay Kumar Pandey Aged About 35 Years Currently, R/o. Quarter No. 15/a, Street-24, Sector-7, Police Station - Bhilai Nagar, Tehsil and District- Durg (C.G.)

... Petitioner versus Smt. Ankita Pandey W/o Ashish Kumar Pandey Aged About 30 Years Currently, R/o Type-3, DS 203, Kirandul, Police Station - Kirandul, Tehsil - Bade Bacheli, District- Dantewada (C.G.)

... Respondent For Petitioner : Mr. Jaydeep Singh Yadav, Advocate.

For Respondent : Mr. Vipin Tiwari, Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice Digitally signed by PREETI PREETI KUMARI Order on Board KUMARI Date:

2025.12.06

11:40:21 +0530

03.12.2025

1. Heard Mr. Jaydeep Singh Yadav, learned counsel for the petitioner. Also heard Mr. Vipin Tiwari, learned Panel Lawyer appearing for the respondent.

2. The present petition has been filed by the petitioner with the following prayers:-

“10.1. That, the Hon'ble Court may kindly be pleased to call for the records of the Civil Suit no. 16A/2024 pending before the Ld. Judge, Family Court, Dantewada, District South Bastar, Dantewada (C.G.)

10.2 That, this Hon'ble Court may kindly be pleased to allow this petition and pleased to set aside the impugned order dated 07/04/2025 passed by the Ld. Judge, Family Court, Dantewada, District-South Bastar, Dantewada in Civil Suit no. 16A/2024 and further be pleased to allow the application of the petitioner filed under Order 16, Rule 1 read with section 151 of the CPC, in the interest of justice. 10.3 Any other relief which may be suitable in the facts and circumstances of the case may also be allowed.”

3. The case of the prosecution in brief, is that the petitioner/defendant, Ashish Kumar Pandey, is a qualified professional working as a Technology Lead at Infosys, Hyderabad, who married the respondent- Ankita Pandey on 18.02.2022 at Raipur. The behaviour of the respondent towards the petitioner and his in-laws was extremely aggressive, violent, and filled with anger. Despite the petitioner’s best efforts to fulfill his marital obligations, the cruelty of the respondent continued unabated. She frequently threatened to falsely implicate the petitioner and his family members in frivolous criminal cases. Ultimately, she lodged a false case at Durg against the petitioner and his family and left the matrimonial home without any cause. Subsequently, in 2022, she filed an application for maintenance before the competent Court at Dantewada (C.G.). She also filed a civil suit under Section 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights before the Family Court, Dantewada in 2024. Notices were issued to the petitioner/defendant, and the matter is presently pending. In furtherance of her mala-fide intention to harass the petitioner and his family, the respondent filed a frivolous complaint dated 27.05.2024 against the petitioner’s father before the Vigilance Department, Bhilai Steel Plant (BSP), where he is employed. An inquiry was conducted on the basis of her complaint. Despite repeated requests, the petitioner’s father was never furnished a copy of the complaint, which is highly irregular, as an employee facing a departmental inquiry is entitled to such documents. The application dated 04.02.2025 seeking a copy of the complaint and the reply of the Vigilance Department dated 13.03.2025 denying the same are annexed as Annexure P/3 (colly.). Thereafter, the petitioner’s father preferred an appeal before the Chief Managing Director, BSP on 19.03.2025, requesting a copy of the complaint, which was again denied. The appeal dated 19.03.2025 and the rejection letter dated 27.03.2025 are annexed as Annexure P/4 (colly.). A second appeal was then filed before the Central Information Commission (CIC), New Delhi on 14.04.2025, annexed as Annexure P/5. The bona-fides of the petitioner are evident from the fact that his request to bring the vigilance complaint on record is genuine and not

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