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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR
Madhu Upadhyay, W/o. Kumar Saurabh Priyadarshi, D/o. Late Kameshwar Upadhyay – Appellant
Versus
Kumar Saurabh Priyadarshi, S/o. Shri Ram Tiwari – Respondent
| Table of Content |
|---|
| 1. marriage dissolution on grounds of cruelty (Para 1 , 3) |
| 2. judicial observations on procedural adherence (Para 2 , 12 , 15 , 21 , 23 , 25) |
| 3. arguments regarding notice and ex parte proceedings (Para 4 , 5 , 6 , 8 , 9 , 10) |
| 4. need for proper notice and opportunity to contest (Para 13 , 14 , 24) |
| 5. quashing of judgment and remittal for retrial (Para 26 , 27 , 28 , 29 , 30 , 31) |
JUDGMENT :
1. The instant appeal under section 19(1) of the Family Courts Act, 1984 is directed against the judgment dated 19.07.2023 passed in Original Suit No.952 of 2022 by the learned Additional Principal Judge, Additional Family Court - II, Ranchi (in short, learned Family Judge) whereby and whereunder the suit filed for dissolution of marriage on the ground of cruelty by filing an application under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955 has been allowed.
2. This Court has taken sincere efforts on the issue of settlement, but, both the parties have not agreed on the issue of settlement and as such, this Court has gone into the merits of the case.
3. The brief facts of the case as per the pleadings made in the memo of appeal and as has also been incorporated in the impugned judgm
An ex parte divorce decree is invalid if the court fails to ensure the necessary party's appearance, violating principles of natural justice.
The right to a fair hearing must be upheld in legal proceedings; ex-parte decrees are void if due process and opportunities to defend are denied.
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....
Valid service of notice is mandatory for ensuring a fair trial. Failure to secure appearance through appropriate procedures constitutes a miscarriage of justice.
Divorce – Merely because proceeding has been ordered to be decided ex parte, does not mean that proceeding has to be decreed automatically.
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....
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