LAXMIKANT JAISWAL Vs. SUDHALATA JAISWAL

JUDGEMENT

(1.) This Appeal has been preferred under Sec. 19(1) of the Family Courts Act, 1984 against the judgment dtd. 12/2/2016 passed by the Family Judge, Camp Court, Katghora, District Korba in Civil Suit No.78-A/2014, whereby the suit of the appellant filed under Sec. 13 of the Hindu Marriage Act, 1955 to dissolve the marriage with the respondent solemnized on 19/5/2013 was dismissed.

(2.) Perusal of the record would reveal that the appellant had filed a civil suit on 10/11/2014 and amended the address of the respondent-wife on 10/4/2015, and the case was fixed on 8/5/2015 and 10/7/2015. On both the dates, the Presiding Officer was on leave, therefore, the case was listed on 8/9/2015. On that date, it was ordered that the non- applicant be served through ordinary and registered post and the case was fixed for appearance of the non-applicant on 8/10/2015. On that date, the registered notice was returned with an endorsement dtd. 24/9/2015 of the Postal Authorities that 'the recipient had gone out of station'. The ordinary notice was returned with an endorsement by the Process Server Santosh Kumar that 'proper address was not given, therefore, service could not be made'. On 8/10/2015, the learned trial Court has entertained the application of the appellant and ordered for substituted service. The said order sheet reads thus:-

(3.) The notice for substituted service was published in Patrika Newspaper of Bilaspur Edition on 21/10/2015, however, the respondent did not appear on the hearing date, therefore, on 17/11/2015, the learned trial Court proceeded ex-parte. However, after taking ex-parte evidence, the Court below reached to the conclusion that the appellant has failed to prove the grounds raised by him and by the impugned judgment, his suit was dismissed against which the appellant has preferred this Appeal.