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TARLOK SINGH CHAUHAN, SUSHIL KUKREJA
Suman Sharma – Appellant
Versus
Sanjeev Kumar Sharma – Respondent
JUDGMENT :
Sushil Kukreja, J.
The appellant, who was the respondent before the learned Principal Judge, Family Court, Hamirpur, H.P. (hereinafter referred to as the “learned Court below”) has maintained the instant appeal under Section 19 of the Family Court Act, against the order dated 28.07.2021, passed by the learned Court below, in HMA Petition No. 264 of 2017 RBT 320/2019, with a prayer to set-aside the same by allowing the instant petition.
2. The brief facts of the case are that the respondent herein, who was the petitioner before the learned Court below (hereinafter referred to as “the petitioner”) filed a petition under Section 9 of the Hindu Marriage Act, 1955 (for short “the Act”) seeking restitution of the conjugal rights. As per the petitioner, he and the respondent (appellant herein) solemnized marriage on 16.07.2009, according to Hindu Rites and customs and out of their wedlock two children, i.e., a boy and a girl, were born. During the pregnancy of the respondent, she shifted to her parental home and the petitioner regularly not only visited her but also provided every possible assistance to her. The respondent, even after the delivery, did not come to her matrimonial
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 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.
Substituted service of summons through publication is only permissible when proper procedures are followed; failure to do so invalidates ex-parte judgments.
Substituted service under Order 5 Rule 20 CPC must be justified with sufficient grounds, and should only be ordered as a last resort after exhausting other service methods.
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.
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