KARUNA SAO Vs. MANENDRA KUAMR SAHU

JUDGEMENT

(1.) Heard.

(2.) The present appeal is directed against the ex-parte impugned judgment and decree dtd. 31/03/2022 (Annexure A-1) passed by the Family Court, Dhamtari, District Dhamtari (C.G.) in Civil Suit No. 15A/2022, whereby, the suit of husband/respondent for dissolution of marriage has been decreed and the marriage dtd. 29/04/2016 of Smt. Karuna Sao/appellant and Manendra Kumar Sahu/ respondent has been dissolved under Sec. 13 of the Hindu Marriage Act, 1955 (in short "the Act, 1955") by the decree of divorce.

(3.) Learned Counsel for the appellant would submit that the decree for divorce has been granted ex-parte. He would submit that no notice was served to the appellant-wife of the divorce petition filed before the Family Court under Sec. 13 of the Act, 1955. It is stated that even the notice issued to the appellant-wife by the Family Court was sent on the different address which was shown in the cause title of the petition, seeking divorce and double address was shown in petition. Therefore, no notice was actually served upon the appellant-wife and she could know the existence of the decree of divorce only, when the subsequent marriage was performed by the respondent-husband.