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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Barkha Rani, Aged about 40 years, W/o- Sanjay Kumar – Appellant
Versus
Sanjay Kumar, S/O- Hari Shankar Prasad – Respondent
JUDGMENT :
Per Sujit Narayan Prasad, J.:
Prayer:
1. This appeal has been filed under Section 19(1) of the Family Courts
Act, 1984 directed against the impugned judgment dated 16.04.2024 and decree dated 27.04.2024 passed by Learned Additional Principal Judge, Additional Family Court No. II, Dhanbad, whereby and whereunder the marriage between the appellant-wife, namely, Barkha Rani and the respondent-husband, namely, Sanjay Kumar has been dissolved by a decree of divorce on the ground of cruelty and desertion.
Factual Matrix:
2. The brief facts of the case as per the pleadings made in the plaint having been recorded by the learned Family Judge, needs to be referred herein as:
It is a case of the petitioner-husband that the marriage of the petitioner-husband, namely, Sanjay Kumar with Opposite Party- wife, namely, Barkha Rani was solemnized on 12.06.2005 at Dhanbad, according to Hindu Rites and Customs. After the marriage, the appellant-wife and respondent-husband lived together at Dhanbad. Out of the wedlock, the couple was blessed with a child. It is stated by the respondent-husband herein that the appellant-wife has treated the husband with cruelty.
Further, it has been stated that the a
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 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 summons in divorce proceedings, ruling that failure to comply with procedural requirements invalidates ex parte judgments.
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....
Proper service of summons is essential; inaccuracies in address can invalidate ex-parte proceedings and necessitate a hearing for all parties in family disputes.
The principle of res judicata applies to matrimonial disputes, preventing re-litigation of previously dismissed claims of cruelty and desertion.
An ex parte divorce decree is invalid if the court fails to ensure the necessary party's appearance, violating principles of natural justice.
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