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P. B. BAJANTHRI, ALOK KUMAR PANDEY
Rinku Devi @ Rinku Kumari Wife of Santosh Kumar – Appellant
Versus
Santosh Kumar Son of Brahmdeo Prasad – Respondent
JUDGMENT :
ALOK KUMAR PANDEY, J.
The present appeal is directed against the judgment dated 03.03.2021 and decree dated 08.03.2021 passed in Divorce Case No. 126 of 2011 by the Court of Principal Judge, Family Court, Nalanda at Bihar Sharif whereby marriage between the parties has been dissolved by passing decree of divorce.
2. Briefly stated the facts of appellant's case is that appellant is said to have legally wedded wife of respondent and marriage between both the parties solemnized on 19.06.1996 according to Hindu Rites and Custom at Village- Shiv Nagar, P.S.-Parwalpur, District-Nalanda. It is alleged that during course of happy conjugal life for eleven years i.e. 1996 to 2007, both parties were blessed with sons, namely, Kundan Kumar and Saurav Ganguli. It is further averred that appellant's husband came in contact with one lady, namely, Sunita Kumari and later, respondent married with Sunita Kumari in the year 2008 and started misbehaving and neglecting with the appellant and also torturing her physically and mentally. It is further averred that respondent changed his address and started living in a rented house at Mohalla-Gandhi Nagar, P.S.-Laheri, District-Nalanda. It is furth
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.
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.
Proper service of notice is essential before issuing ex parte orders; failure to comply with statutory provisions renders such orders invalid.
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.
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....
Family Courts are mandated to prioritize mediation and must follow due process, ensuring that matrimonial disputes are resolved through proper hearings, not dismissed casually.
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