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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Anil Kumar Choudhary, Son of Late Ram Chandra Prasad Shah – Appellant
Versus
Poonam Jaishwal, Wife of Anil Kumar Choudhary – Respondent
| Table of Content |
|---|
| 1. challenge to ex-parte divorce decree. (Para 2 , 3 , 11) |
| 2. petitioner's procedural objections. (Para 4 , 5 , 6) |
| 3. opposite party's counterarguments. (Para 7 , 10) |
| 4. counterarguments regarding procedural fairness in service and limitation. (Para 8) |
| 5. court stance on not denying justice due to procedural errors. (Para 9 , 15 , 18) |
| 6. court's recognition of hearing opportunity. (Para 12 , 13) |
| 7. importance of procedural fairness. (Para 14 , 17) |
| 8. substituted service requirements. (Para 20) |
| 9. misapplication of previous case law. (Para 21 , 22) |
| 10. final ruling against petition. (Para 23 , 24) |
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard Mr. P.P.N. Roy, learned senior counsel appearing for the petitioner and Ms. Amrita Sinha, learned counsel appearing for the sole opposite party.
2. This petition has been filed under Article 227 of the Constitution of India, wherein prayer has been made for setting aside the orders dated 12.10.2022 and 13.03.2024, passed in Civil Miscellaneous Case No. 23 of 2022, by the learned Principal Judge, Family Court, Jamshedpur, by which, the learned court has been pleased to admit the petition filed under Order-IX rule-13 read with Section 151 of the
Courts should not dismiss petitions for minor procedural irregularities when no prejudice is shown, emphasizing the importance of pursuing substantial justice.
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 reaffirmed that substituted service under the Code of Civil Procedure does not constitute adequate service, necessitating substantiation of claims in applications for condonation of delay.
The main legal point established in the judgment is that the petitioner's approach through a petition under Art. 227 of the Constitution of India, instead of following the appropriate appeal process,....
The failure to file an application for condonation of delay when seeking to set aside an ex parte decree under Order IX Rule 13 CPC is a fatal procedural defect, leading to dismissal of the applicati....
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