PRAKASH KUNHIPAILY PAUL Vs. ANILA MOL AUGUSTINE

JUDGEMENT

(1.) Can the service of summons by registered post acknowledgment due on an adult member of the family of the defendant be treated as valid service on the defendant? This is the crucial question that falls for determination in this case.

(2.) The petitioner is the husband and the 1 st respondent is the wife. The petitioner has instituted O.P.No.232 of 2015 in the Family Court, Thalassery for granting a decree of declaration that the marriage between him and the 1st respondent solemnised under the Special Marriage Act is null and void.

(3.) The 1st respondent is working and residing in Ireland. The lower court issued summons to the 1 st respondent by registered post to her address in Ireland and also in Idukki district. The acknowledgment card in respect of the summons sent to the 1 st respondent in the address in Ireland was returned without her signature. The acknowledgment card in respect of summons sent to her in the address in Idukki district was returned with the signature purported to be made by her mother.