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2021 Supreme(Kar) 674

B.V.NAGARATHNA, N.S.SANJAY GOWDA
Deepa. M. P. W/o Sri. Shalivahana Tejaswi. K. L. – Appellant
Versus
Shalivahana Tejaswi. K. L. , S/o Sri. Lakshmipathi Reddy – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. H.V.Harish, Advocate

JUDGMENT :

The wife is in appeal challenging the ex parte judgment and decree dated 14.09.2017 by which, her marriage conducted on 07.03.2014 with the respondent has been dissolved.

2. On 30.11.2015, the respondent-husband filed a petition which was numbered as M.C. No. 5221/2015 seeking dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’, for the sake of brevity). In the said petition, the address of the appellant/wife was stated as follows:

    “Smt.Deepa M.P.,

W/o.Shalivahana Tejaswi K.L.,

Aged about 25 years,

R/at No.69, 18th Cross,

Jayanagar, 5th Block,

Bengaluru – 560 041.”

3. The Family Court registered the petition and issued notice to the appellant/wife both through Court and by Registered Post Acknowledgment Due (RPAD). The notice sent was not served on the appellant/wife for want of correct address.

4. A request was made for grant of time to furnish correct address and accordingly, the matter was adjourned on two occasions.

5. On 16.07.2016, the Family Court once again issued notice to the appellant/wife through Court and by RPAD and also by courier. However, process fee was not paid and hence, notice was not sent. The m

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