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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
TARLOK SINGH CHAUHAN, SUSHIL KUKREJA
Meena Kumari – Appellant
Versus
Narender Kumar – Respondent
JUDGMENT :
(Tarlok Singh Chauhan, J.)
The main grievance of the appellant is that she was not served in the proceedings that were conducted before the learned Court below.
2. We have gone through the record and find that the respondent herein while filing petition under Section 13 of the Hindu Marriage Act, 1955 (in short the ‘Act’) had given his own address for the service of the appellant.
3. Obviously, when the summons were issued, the same could not have been served. As a matter of fact, pursuant to the order dated 10.08.2023, notices were issued to the appellant on the address of the respondent himself and the same were received back with the report that the appellant was not found at the given address.
4. It was pursuant to such report that the learned Court below then ordered the respondent herein to file correct address of the appellant herein alongwith RAD. But, the respondent instead of taking fresh steps cleverly chose to file an application for substituted service of the appellant herein and sought permission of the court to have the appellant served through publication in the ‘Amar Ujala’ newspaper for 21.11.2023, which permission was allowed.
5. The manner in which order ha
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.
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....
Substituted service of summons via publication is invalid without exhausting regular service methods under CPC.
Substituted service of summons through publication is only permissible when proper procedures are followed; failure to do so invalidates ex-parte judgments.
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 notice is permissible under Order V, Rule 20 of the Code of Civil Procedure when the defendant resides outside India and direct service fails.
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