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MOHAMMAD RAFIQ, NARENDRA SINGH DHADDHA
Tavindar Kaur – Appellant
Versus
Harinder Singh – Respondent
Key Points: - (!) The court held that ex parte judgment/decree is not sustainable where the respondent was out of city for medical treatment and summons were not personally served on her. - (!) The judiciary should adopt a liberal view in matrimonial disputes, not defeat rights of parties on technicalities. - (!) The impugned order was set aside and the matter remanded to the Family Court for fresh proceedings with directions for timelines to file written statements and evidence. - (!) The appeal proceeding was heard with consent and the matter remanded for further proceedings within specified timeframes. - (!) The appellant’s medical circonstances (kidney transplantation and treatment) were submitted as grounds for non-personal service and absence, influencing the liberal approach. - (!) Process server’s report indicated the appellant was out of city for medical treatment; lack of personal service led to setting aside ex parte order. - (!) The Family Court is directed to allow reasonable time for the appellant to file a reply and to present evidence, with the respondent allotted time for rebuttal, aiming to decide within six months. - (!) The original marriage was solemnized on 29.3.2015; petition filed on 16.4.2019; ex parte proceedings initiated on 25.6.2019; order dated 19.7.2019. - (!) The appeal was allowed, the impugned order set aside, and remand ordered to Family Court No. 1, Jaipur. - (!) Notice to respondent and appearance of counsel for respondent acknowledged during proceedings.
ORDER :
Narendra Singh Dhaddha, J.
1. Issue notice to respondent.
1.1. Shri P.S. Sharma, learned counsel accepts notice on behalf of the respondent.
1.2. With the consent of both the parties, this appeal is heard finally.
2. This appeal has been filed by appellant Dr. Tavindar Kaur @ Sachi against the order of the learned Family Court No. 1, Jaipur passed on 19.7.2019 whereby the learned Family Court allowed Divorce Petition No. 3308/2019 (461/2019) filed u/s. 13(1)(ia)(ib) and 7(1)(a) of the Hindu Marriage Act, 1955 (for short "the Act").
3. Brief facts giving rise to this appeal are that the marriage between the parties was solemnized on 29.3.2015 at Raipur (Chhatisgarh) as per Hindu rites and customs. The appellant and respondent, both are doctors by profession. Both the parties are Hindus. The behaviour of the appellant wife was cruel from the very day towards the respondent husband. The appellant wife always denied to the husband from indulging in physical relationship. Never the appellant wife fulfilled the enjoyment of her matrimonial life and treated her husband with cruelty. So, the respondent husband filed divorce petition before the learned Family Court for decree of divorce o
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