^ ^ GF IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.) FIRST APPEAL (MyNQ^9r4 OF_2009 SViSiSB BSB^ APPELLANT PLAINTIFF ).-^CA >^~-:' —^ > RESPONDENT DEFENDANT Smt. Roopa Soni, W/o Shri Kamalnarayan Soni (D/o Pavan Soni), aged about 23 years, R/o Mararpara Ward No. 2, Balod, Tahsil Balod, District Durg (C.G.) VERSUS Kamalnarayan Soni, S/o Shri (l^- Ganeshram Soni, aged about 31 years, Through: Suresh Jewelers, Sonarpara, Mungeli, Tahsil Mungeli, District Bilaspur (C.G.) APPEAL UNDER SECTION 19C11 OF THE FAMILY COURT'S ACT. 1984 ^ H1GH COURT OF CHHATTiSGARH : BILASPUR Ohrislon Bench : Hon'bie Shri Sattsh K. Agnihotri & Hon'bie Shri R.L. Jhanwar, JJ. AoDellanV PtflintH ResDondentf Fjrst Appeal (M) No.24 of 2009 Smt. Roopa Soni Versus Kamaiharavan Soni nefendant (Appeal under Section 19 (1) of the Famiiy Court Act) Present:- Shri P.P. Sahu, counsel for the appeilant. Shri Somnath Verma, counsel for the respondent. ORDER (ORAL) (Passed on this 4th day of January, 2010) Per Satish K. Aanihotri. J. 1. The instant appeal arises from the order dated 12-2-2009 (Annexure - A/1) passed by the Additional Principai Judge, Family Court, Balod in case No.7-A/2007, whereby the suit was dismissed on the around that the appeilant herein was not present and ateo had not produced the relevant documents. 2. The appellant herein fited an appiication under Section 13 of tiie Hindu Mamages Act, 1955 for grant of a decree of divorce. The case was registered and numbered as case No.7-A/2007. 3. The learned Judge without assigning the reasons or granting one more opportunity has rejected the suit. Shri Verma, learned counsel appearing for the respondent herein, would submit that the suit was rejected on the ground that the adjournment was sought bv the appeliant for an indefinite period. GOV ^' 4. Be that as it may, if the appeliant faiiis te appear on the first occasion mav be on account of one or other reasons. a notice ought to have been given to the appellant stating that the suit may be dismissed if the appeliant fails to appear and take appropriate steps in the matter. It appears that nothing has been done in the matter. 5. For the reasons stated hereinabove, without expresslng any opinion on the merits of the case, the impugned order dated 12-2-2009 (Annexure - A/1) is set aside. The matter is remitted back to the Court of Additional Principal Judge, Family Court, Baiod, for further consideration, in accordance with law and on its own merits. The parties shail apoear before the Court of Additionai Principal Judge, Family Court, Balod, on 10-2-2010 to proceed further in the matter. 6. In the result, the flrst appeal is allowed to the extent indicated above. No order asto costs. SdA ,. Satish K. Agnihotri Sd/- t.L. Jhaiiwar ;e !~~ ; l.,l1 l"l::d ii—- ^ 4. Be that as it may, if the appeliant teils to appear on the flrst occasion mav be on account of one or other reasons. a notice ought to have been given to the appellant stating that the sutt may be dismissed if the appeliant fails to appear and take appropriate steps in the matter. it appears that nothing has been done in the mattsr. 5. For the reasons stated hereinabove, without expressing any opinion on the merits of the case, the impugned order dated 12-2-2009 (Annexure - A/1) is set aside. The matter is remitted back to the Court of Additional Principal Judge, Family Court, Balod, for further consideration, in accordance with law and on its own merits. The parties shail appear before the Court of Additionai Principal Judge, Family Court, Balod, on 10-2-2010 to proceed further in the matter. 6. In the result, the flrst appeal is allowed to the extent indicated GOV above. No order asto costs. SdA Satish K. Agnihotri Sd/- LL. Jhaiiwar Judge [^^ I, • ? i