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SUJIT NARAYAN PRASAD, SUBHASH CHAND
Kiran Devi wife of Rajesh Kumar – Appellant
Versus
Rajesh Kumar son of Sri Mahesh Lal – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. This appeal is directed against the judgment dated 28th June, 2017 passed by the learned Principal Judge, Family Court, Seraikella-Kharsawan, whereby and whereunder the suit filed by the husband, namely, Rajesh Kumar, against the respondent—Smt. Kiran Devi (the appellant herein) under Section 13(1)(ib) of the Hindu Marriage Act for divorce, has been decreed by granting judicial separation instead of divorce.
2. The brief facts of the case as per the pleading made in the present appeal which requires to be enumerated, reads hereunder as:
On 3rd June, 2016, the respondent—Rajesh Kumar filed a matrimonial suit for decree of divorce under Section 13(1) (ib) of the Hindu Marriage Act before the learned Principal Judge, Family Court, Seraikella-Kharsawan stating therein that the appellant-Kiran Devi and respondent—Rajesh Kumar are a legally married couple and their marriage was solemnized on 26th June, 2009. Out of their wedlock a son was born and according to the respondent the appellant tried to keep the husband as Ghar Jamai for which the respondent expressed his inability. The respondent has alleged that the appellant created an awkward situation by
Ex-parte decree of divorce – Substituted service has to be resorted as last resort when defendant cannot be served in ordinary way – Ex-parte judgment passed against appellant set aside.
The court emphasized the necessity of proper service of notice in family law proceedings to uphold the right to a fair hearing, determining that procedural missteps can lead to serious miscarriages o....
The court emphasized the necessity of proper service of summons in divorce proceedings, ruling that failure to comply with procedural requirements invalidates ex parte judgments.
The main legal point established is that the service of notice in legal proceedings should be real and meaningful, not a mere formality, to allow the other party to represent themselves before the co....
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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