Courts must ensure strict compliance with procedural norms for serving notice to secure a party's appearance before proceeding ex-parte. Procedural law serves as a handmaid of justice; therefore, courts must avoid mechanical approaches and prioritize substantial fairness over technical defaults in marital disputes.

JUDGMENT :

Sujit Narayan Prasad, J.

The instant appeal has been filed on behalf of the appellant under Section 19(1) of the Family Courts Act, 1984 against the order/judgment dated 06.01.2025 and Decree dated 13.01.2025, passed by the learned Principal Judge, Family Court, Ranchi in Original Suit No. 385 of 2024, whereby and whereunder, the said Suit filed by the Respondent-husband under the provisions of Section 9 of the Hindu Marriage Act, 1955 against his wife has been allowed.

Factual Matrix

2. The brief facts of the case is that the marriage between the parties was solemnized on 29.11.2008 in accordance with Hindu rites and rituals at Ranchi. After solemnization of marriage the Appellant- wife came to her matrimonial home and started leading conjugal life with Respondent-husband and out of wed- lock a female child, namely, Aanya Sahu was born on 08.11.2009, who is at present about 14 years old and pursuing her studies at Loretto Convent, Doranda, Ranchi in Class-IX.

3. The respondent-husband belongs to a well reputed family and he has his own house at Indrapuri, Road No. 1. Ratu Road, Ranchi. After the death of his father only the appellant-wife, the respondent-husband, the daughter and old mother of the respondent herein remained in the family. After marriage the respondent- husband always tried to fulfill the demands of the appellant-wife and tried his best to maintain his family members and after marriage conjugal life of the appellant and the respondent was going on smoothly and peacefully, but after birth of the daughter, behaviour of appellant-wife suddenly changed which led to mismatch of temperament of the appellant and the respondent.

4. In the meantime, the appellant-wife completed her Beautician course in which the respondent-husband incurred more than Rupees One (01) Lakh in the year 2018. Thereafter, the appellant-wife started neglecting the respondent husband, her daughter and her old mother and she used to keep herself busy with her clients and some other persons.

5. The respondent-husband and his family members suggested the appellant-wife for second baby but she did not agree and with a view to leave her matrimonial home the appellant herein intentionally and knowingly started quarrelling with the respondent- husband and and left her matrimonial home along with the daughter on 18.02.2021 at about 9.00 P.M. along with all her belongings and jewelleries and other valuable articles by calling her mother and sister and she went to her paternal home and since then the appellant is residing there without any cogent reason and on her own will and desire.

6. The respondent-husband approached the appellant several time and requested her to return back to her matrimonial home and resume conjugal life with him but she did not pay any heed and expressed her desire to take divorce from him.

7. On 17.01.2023, appellant-wife put several terms and conditions before the petitioner/respondent husband for leading conjugal life with the petitioner/respondent husband. The respondent-husband also prepared counter agreement through which he expressed his desire that he is stil