JUDGMENT

Subject matter of challenge in this case is against an order, dated 22nd December, 2021, passed by Learned Additional District Judge, Re- Designated Court, Paschim Medinipore, in Judicial Misc. Case No. 159 of 2021 arising out of Matrimonial Suit No. 342 of 2020, granting stay of operation of the order, dated 5th December, 2020, by which ex parte decree of divorce was granted.

Admittedly, a Matrimonial Suit for divorce was filed by petitioner/husband on 15th September, 2020, taking the grounds available under Section 13 of the Hindu Marriage Act. The ex parte decree of divorce, however, was passed on 5th December, 2020.

Service upon the wife/opposite party is a disputed question of fact and law in this case, since service of summons, said to have been served upon the wife/opposite party, returned with a note of refusal, which is grossly under challenge in this case.

Stay of operation of the order, granting ex parte decree is under challenge on three-fold grounds. Firstly, the order impugned granting stay of ex parte decree of divorce was passed without affording an opportunity of hearing to the petitioner/husband. The second ground was relatable to nonmaintainability of an app