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P. B. BAJANTHRI, ARUN KUMAR JHA
Shila Devi – Appellant
Versus
Milind Kumar Singh – Respondent
Arun Kumar Jha, J. – The instant appeal has been filed by the appellant/wife (for brevity ‘wife’) against the judgment and decree dated 04.02.2013 and 19.02.2013, respectively passed by learned Principal Judge, Family Court, Munger in Title Suit (Matrimonial) No.97 of 2008 whereby and whereunder the petition dated 09.07.2008 filed by the respondent/husband (for brevity ‘husband’) against wife under Section 12 (1) (a) & (b) read with Section 5 (ii) (b) of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’) has been allowed ex-parte and, accordingly, the suit was decreed annulling the marriage between the parties by decree of nullity.
2. Briefly stated the case of husband, as it appears from the records, is that the parties are Hindus. They were married on 26.06.1991. Thereafter, both the parties started living together as husband and wife. Husband came to realize that wife was suffering from some mental disorder. Thereafter, she was taken to doctor at Naugachiya from where she was referred to Psychiatrist and, as such, she was taken to Ranchi where she was diagnosed as suffering from ‘schizophrenia’. Thereafter, she got attack of ‘schizophrenia’ on 21.09.1999 and was
Annulment of marriage by ex-parte decree – Service of summons to a wife in a matrimonial dispute concerning divorce is a serious matter and service cannot be presumed.
Ex-parte decree of divorce – Substituted service has to be resorted as last resort when defendant cannot be served in ordinary way – Ex-parte judgment passed against appellant set aside.
The court emphasized the necessity of proper service of summons in divorce proceedings, ruling that failure to comply with procedural requirements invalidates ex parte judgments.
The main legal point established is that the service of notice in legal proceedings should be real and meaningful, not a mere formality, to allow the other party to represent themselves before the co....
The court emphasized the necessity of proper service of notice in family law proceedings to uphold the right to a fair hearing, determining that procedural missteps can lead to serious miscarriages o....
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