Champa VS Rajender Kumar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

TARLOK SINGH CHAUHAN, SUSHIL KUKREJA
Champa – Appellant
Versus
Rajender Kumar – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Mr. Virender Sharma, Advocate
For the Respondent: None

JUDGMENT (ORAL)

Tarlok Singh Chauhan J.—The manner in which the learned Presiding Officer, Family Court has conducted the ex parte proceedings in the petition filed before him leaves much to desire. The respondent herein filed a petition under Section 13(1)(ia) & (ib) of Hindu Marriage Act, 1955 for dissolution of marriage by way of decree of divorce.

2. The aforesaid petition after scrutiny and office report came up for consideration before the learned Principle Judge, Family Court, Bilaspur ( for short, “Family Court”) on 14.03.2022 on which date, the following orders came to be passed:-

“Office report seen. It be registered. Let, notice be issued to the respondent for 27.05.2022.”

3. Notices issued pursuant to the aforesaid order were received back unserved for want of correct address and accordingly, the Family Court on 27.05.2022 passed the following orders:-

“Process issued for the service of respondent received back unserved for want of correct address. Let PF/CA be filed within 07 days, thereafter a fresh notice be issued to respondent returnable for 19.07.2022.”

4. However, notices issued pursuant to the aforesaid orders had not been received back when the case, as dire