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P. B. BAJANTHRI, ALOK KUMAR PANDEY
Nishi Kant Jha – Appellant
Versus
Sanjay Kumar Jha – Respondent
Alok Kumar Pandey.—The present appeal is directed against the order dated 18.09.2023 passed in Guardian and Wards Case No. 01 of 2020 by the Court of learned Principal Judge, Family Court, Banka whereby and whereunder appellant no. 1/Nishi Kant Jha has been ordered to hand over appellant no. 2/Ridam Kumari to the respondent/Sanjay Kumar Jha.
2. Briefly stated facts of the case is that respondent is said to have married with Nikita Anand/daughter of appellant no. 1 and out of the said wedlock one daughter/appellant no. 2 took birth. It is stated that respondent visited the house of appellant no. 1 to meet his daughter/appellant no. 2 and the present case has been filed by the respondent being father and natural guardian seeking guardianship of his minor child under the Guardian and Ward Act.
3. With the consent of the learned counsels for the respective parties, the present M.A. No. 82 of 2024 is taken up for final disposal.
4. Learned counsel for the appellants submitted that respondent has filed petition before the Principal Judge, Family Court, Banka for appointment of legal guardian and to take custody of appellant no. 2 as her mother, namely, Nikita Anand (wife of respondent) died
Proper service of notice is essential before issuing ex parte orders; failure to comply with statutory provisions renders such orders invalid.
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 trial court must ensure proper service of summons and comply with the legal requirements for substituted service.
A party cannot introduce evidence on matters not pleaded, and the High Court will not interfere unless there is grave dereliction of duty or flagrant abuse of power.
Substituted service of summons through publication is only permissible when proper procedures are followed; failure to do so invalidates ex-parte judgments.
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