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2024 Supreme(Chh) 212

GOUTAM BHADURI, SANJAY S. AGRAWAL
Karuna Sao, W/o Shri Manendra Kumar Sao – Appellant
Versus
Manendra Kumar Sahu, S/o Shri M. P. Sahu – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Santosh Kumar Pandey, Advocate.
For the Respondent:Mr. H.A.P.S. Bhatia, Advocate.

JUDGMENT :

Goutam Bhaduri J.

1. Heard.

2. The present appeal is directed against the ex-parte impugned judgment and decree dated 31/03/2022 (Annexure A-1) passed by the Family Court, Dhamtari, District Dhamtari (C.G. in Civil Suit No. 15A/2022, whereby, the suit of husband/respondent for dissolution of marriage has been decreed and the marriage dated 29/04/2016 of Smt. Karuna Sao/appellant and Manendra Kumar Sahu/ respondent has been dissolved under Section 13 of the Hindu Marriage Act, 1955 (in short “the Act, 1955”) by the decree of divorce.

3. Learned Counsel for the appellant would submit that the decree for divorce has been granted ex-parte. He would submit that no notice was served to the appellant-wife of the divorce petition filed before the Family Court under Section 13 of the Act, 1955. It is stated that even the notice issued to the appellant-wife by the Family Court was sent on the different address which was shown in the cause title of the petition, seeking divorce and double address was shown in petition. Therefore, no notice was actually served upon the appellant-wife and she could know the existence of the decree of divorce only, when the subsequent marriage was perform

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