2026:CGHC:16733 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 424 of 2026

1 - K. Vijay Naidu S/o K. P. Naidu Aged About 45 Years Ocupation- Service, R/o Plot No. 122, 123, L. I. G. Mhada Colony, 8th Mile, Dawlameti, Amravati Road, Nagpur M. H.

... Petitioner(s)

versus

1 - K. Pramila Naidu W/o K. Vijay Naidu Aged About 41 Years Ocupation- Service, R/o C/o P. N. Rao, 157 Road-1, Opposite Rail Nagar, Panchasheel Nagar, B. M. Y. Charoda, District- Durg, Chhattisgarh.

... Respondent(s)

For Petitioner(s) : Shri Hemant Kumar Agrawal, Advocate For Respondent(s) : None present.

(Hon’ble Shri Ravindra Kumar Agrawal)

Order on Board

10/04/2026 Heard.

2. The instant petition has been filed under Article 227 of the Constitution of India by the petitioner seeking a limited relief stating direction to the learned Principal Judge, Family Court, Durg to expedite the trial of the case No. 403/2025 (K.Vijay Naidu Vs. K.Pramila Naidu)

pending before it.

3. Learned counsel for the petitioner submits that the petitioner is the plaintiff before the Family Court, Durg and is prosecuting an application under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 for grant of divorce before the Family Court, Durg. It is further submitted that the petitioner had earlier institutted proceedings under the same provision before the Court of learned Civil Judge, Senior Division, Nagpur where the application was filed on 05.01.2023.

4. It is contended that pursuant to the application filed before the Supreme Court in Transfer Petition (Civil) No. 3477/2024, vide order dated 20.02.2025, the proceedings in Hindu Marriage Petition No. 68/2023 pending before the learned Civil Judge, Senior Division, Nagpur were transferred to the Court of learnned Principal Judge, Family Court, Durg.

5. Learned counsel for the petitioner further submits that although the proceedings have commenced before the Family Court, Durg, no substantial progress has been made in the matter. The order sheets reflect that the case has been adjourned on multiple occasions for one reason or another. It is also pointed out that the matter was last fixed on 09.03.2026 for recording of the palintiff’s evidence, however, as submitted, the evidence of the petitioner could not be recorded therefore the learned Family Court may be directed to expedite the trial of the suit.

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

7. Considering the submissions made by the learned counsel for the petitioner and material placed on record, it transpires that the divorce proceedings, initially instituted before the Court at Nagpur on 05.01.2023 has not been decided. The record further reflects that the said application was transferred to the court of Principal Judge, Family Court, Durg vide order passed by the Supreme Court yet there are repeated adjournments, resulting delay in recording of evidence.

8. Be that as it may, without expressing any opinion on merits of the case, this Court deems it appropriate to direct the Family Court, Durg to expedite the trial of the suit filed by the petitioner accordingly. Learned Principal Judge, Family Court is directed to make all endeavor to conclude the trial of the case No. 403/2025 pending before it as early as possible.

9. With the aforesaid observation, the present petition stands disposed of.

Sd/-

(Ravindra Kumar Agrawal)

Judge Digitally signed by SUGUNA SUGUNA DUBEY DUBEY Date:

2026.04.16