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1998 Supreme(Ker) 203

S.SANKARASUBBAN
Jomu Kurian – Appellant
Versus
Siby – Respondent


Judgment :-

S. Sankarasubban, J.

This Civil Revision Petition is filed against the order dated 30th September, 1997 in LA. No. 1650/97 in O.P. No. 131/96. Petitioner is the wife while the first respondent is the husband. Original petition was filed for divorce under the Indian Divorce Act. In the petition for divorce, notice was ordered to the respondents and the case was posted to 13.8.1996 for return of notice. The notice so sent was returned with the endorsement that the address shown was not correct. Thereafter, notice was sent through court and the same was returned with the endorsement that the respondents were residing in Bombay. Petitioner collected the address of the respondents in Bombay. On 20.11.1996 notice was taken to the respondents correct address in Bombay by registered post as well as through court. These notices were again returned un served on 16.6.1997. Since the address in the above no duce was correct, it was clear that the respondents were deliberately avoiding the notice. Petitioner filed I.A. No. ,1650/97 for appropriate orders seeking substituted service of notice by paper publication. The above request was rejected by the District Judge by order dated 300












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