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GOUTAM BHADURI, DEEPAK KUMAR TIWARI
Laxmikant Jaiswal S/o Ravikumar Jaiswal – Appellant
Versus
Sudhalata Jaiswal W/o Laxmikant Jaiswal – Respondent
JUDGMENT :
Deepak Kumar Tiwari, J.
1. This Appeal has been preferred under Section 19(1) of the Family Courts Act, 1984 against the judgment dated 12.2.2016 passed by the Family Judge, Camp Court, Katghora, District Korba in Civil Suit No.78-A/2014, whereby the suit of the appellant filed under Section 13 of the Hindu Marriage Act, 1955 to dissolve the marriage with the respondent solemnized on 19.5.2013 was dismissed.
2. Perusal of the record would reveal that the appellant had filed a civil suit on 10.11.2014 and amended the address of the respondent-wife on 10.4.2015, and the case was fixed on 8.5.2015 & 10.7.2015. On both the dates, the Presiding Officer was on leave, therefore, the case was listed on 8th September, 2015. On that date, it was ordered that the non-applicant be served through ordinary and registered post and the case was fixed for appearance of the non-applicant on 8th October, 2015. On that date, the registered notice was returned with an endorsement dated 24th September, 2015 of the Postal Authorities that ‘the recipient had gone out of station’. The ordinary notice was returned with an endorsement by the Process Server Santosh Kumar that ‘proper address was not g
The duty of the court to make reasonable efforts for reconciliation in family disputes and the importance of proper service of notice before resorting to substituted service.
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....
The legal principle established is that substituted service of summons should be a last resort, and the court must ensure that there are valid reasons to believe that the defendant was evading servic....
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.
Substituted service of summons through publication is only permissible when proper procedures are followed; failure to do so 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.
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