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P. B. BAJANTHRI, ALOK KUMAR PANDEY
Richa Kumari – Appellant
Versus
Anand Kumar – Respondent
Alok Kumar Pandey, J.—The present appeal is directed against the ex parte judgment dated 24.05.2022 and decree dated 06.06.2022 passed in Matrimonial (Divorce) Case No. 264/2017 by the Court of learned Principal Judge, Family Court, Vaishali at Hajipur, whereby and whereunder the learned trial court has allowed the divorce petition filed by the respondent on the ground of desertion, cruelty and adultery.
2. Briefly stated facts of the case is that marriage of appellant and respondent took place on 03.03.2011 and after marriage both started leading conjugal life. It is asserted that appellant/wife started residing separately since June, 2011. It is further alleged that appellant filed Mahnar P.S. Case No. 129 of 2012 under Sections 498A, 406 of the IPC. It is further averred that since the year 2011, no conjugal relation has been stated to be established between the appellant/wife and respondent/husband. It has been claimed by the respondent that earlier Divorce Case No. 221 of 2013 has been withdrawn which was filed on account of non-cooperative attitude of the appellant for leading conjugal life. The appellant filed several cases against the family members of the respondent on the
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.
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.
Setting aside ex-parte decree of divorce – For a defendant to succeed in application for setting aside ex-parte decree, he has to satisfy court that summons was not duly served or that he was prevent....
The court recognized willful neglect as a valid ground for divorce under Hindu law, establishing that non-contestation and prolonged separation indicate desertion.
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....
Ex-parte proceedings – Personal service of summons/notice in ordinary way is a rule and substituted service is an exception – Before passing any order for substituted service on the basis of material....
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