IN THE HON7BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (227) N0. ^^ /2010 PETITIONER / APPLICANT .^ t^^y'" ^•y^" ^^ .^' ^c ^••" X' Mohit Kumar Deshmukh S/o. Late Bharat Lal Deshmukh, aged about : 32 years, Caste : Kurmi, R/o. Village : Dudhli, Post : Kalkasa, Police Station : Balod, Tahsil : Daundilohara, District : Durg (C.G.). VERSUS RESPONDENT / NON-APPLICANT t< Smt. Savitri Bai W/o. Mohit Kumar Deshmukh, aged about : 28 years, Caste : Kurmi, R/o. Village : Dudhli, Post : Kalkasa, Police Station : Balod, Tahsil : Daundilohara, District : Durg (C.G.). ^ 1 WRTLPETITION UNDER ARTICLE 227 OF THE CONSTITUTION OFINDIA_ HIGH COURT OF CHHATTISGARH AT BILASPUR Sinale Bench: Hon'ble Shri Justice Prashant Kumar Mishra Writ Petition (2271 No.68 of 2010 Petitioner Respondent versus Mohit Kumar Deshmukh Smt. Savitri Bai Present: Shri Pushpendra Kumar Patel, counsel for the petitioner. Writ Petitidn under Article 227 ofthe Constjtution of India ORALORDER (Passed on 8th January, 2010) Heard learned counsel for the petitioner on admission. 2. By the impugned order dated 5-11-2009, the Family Court has directed that the proceedings initiated by the petitioner under Sectioh 13 of the Hindu Marriage Act seeking decreeof divorce be kept in abeyance in view of the fact that the respondent Smt. Savitri Bai is in jail and the amicus curiae appointed by the Courtjs also not appearing. 3. In the opinion of this Court, the learned Family Court is justified in keeping the matter in abeyance because in view of the fact that the respondent js in jail and the amicus curiae is not appearing, she may not be in a position to defend the matter properly whjch shall ultimately prejudice her case in the trial. Therebeing no palpable error inthe jmpugned order passed by the learned Family Court, the instant writ petition under Article 227 ofthe Constitution of India fails and is hereby dismissed at the admission stage. — Sd/- prashantKumarMishra Judge _ ^../