Chattisgarh High Court
Smt. Alka Divakar vs Ashish Kumar Dewangan on 11 September, 2025
Author: Rajani Dubey
Bench: Rajani Dubey
1
2025:CGHC:46439-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally signed
FA(MAT) No. 245 of 2025
by RAVVA
UTTEJ KUMAR
RAJU
Smt. Alka Divakar W/o Shri Ashish Kumar Dewagan, aged about 31 years
R/o Qtr. No. 1540, Ward No. 07, Ring Road No. 02, Panna Nagar, In Front of
Parijat Castle Police Station Civil Lines Bilaspur District - Bilaspur (C.G.)
... Appellant
Plaintiff
Versus
Ashish Kumar Dewangan S/o Shri Shobharam Dewangan, aged about 35
years, R/o Ramkrishna Nagar, Mopka Police Station Sarkanda Tahsil and
District - Bilaspur (C.G.)
... Respondent
Defendant
For Appellant : Mr. Akath Kumar Yadav, Advocate.
For Respondent : Mr. Ashutosh Trivedi, Advocate.
Hon'ble Smt. Justice Rajani Dubey, J.
Hon'ble Shri Justice Amitendra Kishore Prasad, J.
Order on Board
Per Rajani Dubey, J.
11.09.2025
1. Heard on admission.
2. At the very outset learned counsel for the appellant submits that
the decree of divorce dated 04.01.2025 vide Annexure A/01
passed by the learned Family Court had been obtained by the
parties on mutual basis, but after passing the decree of divorce,
the appellant and the respondent along with their colleagues
visited Mathura on 11.03.2025 to 15.03.2025 and both the parties
have continuously organized the annual marriage anniversary
even after passing the decree of divorce and he filed photographs
and reservation tickets vide Annexure A/04 and Annexure A/05
respectively. He further submits that the appellant is continuously
transferring the funds from her account to defendant even after
passing of decree of divorce and the same is evident from the
account statements of the appellant/plaintiff vide Annexure A/06.
As such, the impugned judgment and decree is liable to be set
aside.
3. Learned counsel for the respondent submits that this appeal is
not maintainable and the same is liable to be dismissed.
4. Reliance has been placed on this Court's order dated 04.08.2023
in the matter of Abhinav Shrivastav v. Smt. Akasnsha
Shrivastav passed in FA (MAT) No. 209 of 2023.
5. We have heard both the counsel for the respective parties.
6. Perusal of the judgment and decree would show that the
impugned decree under Section 13-B of the Hindu Marriage Act,
1955 has been passed between the parties on an application filed
on 09.12.2024 and the orders were passed on 04.01.2025. It is
also clear from the record that the parties have filed application on
the same day i.e., 09.12.2024 for waiving off the cooling period of
06 months on this ground that they are living separately since
August, 2022 and between them there is no cohabitation. The
learned trial Court after recording the statements of both the
parties waived off the cooling period and passed the impugned
judgment and decree under Section 13-B of the Hindu Marriage
Act, 1955 after considering the facts and circumstances of the
case.
7. This Court in the matter of Abhinav Shrivastav (supra) held in
paras 3 & 4 which reads as thus:-
"3. This appeal has been filed under Section 19(2) of the
Family Courts Act, 1984(for short 'the Act1984'). Sub-
section(2) of Section 19 of the Act 1984 bars such an appeal
when a decree is passed with the consent of the parties, which
reads as under:
"19. (2) No appeal shall lie from a decree or
order passed by the Family Court with the consent of
the parties [or from an order passed under Chapter IX
of the Code of Criminal Procedure, 1973 (2 of 1974);
Provided that nothing in this sub-section shall
apply to any appeal pending before a High Court or any
order passed under Chapter IX of the Code of Criminal
Procedure, 1973 (2 of 1974) before the commencement
of the Family Courts (Amendment) Act, 1991]".
4. In view of such fact, the appeal is not maintainable and the
same is dismissed at the admission stage itself."
8. In the light of above, it is clear that the appeal filed by the
appellant is not maintainable. As such the appeal is dismissed at
the admission stage itself.
Sd/- Sd/-
(Rajani Dubey) (Amitendra Kishore Prasad)
Judge Judge
U. K. Raju
