MEGHA Vs. CHAUHAN ANAND RAMANBHAI

JUDGEMENT

(1.) Captioned appeal is directed against the judgment dtd. 5/1/2023 passed by the learned Principal Judge, Family Court whereby, Family Suit no.737 of 2021 is allowed and the marriage solemnized between the parties on 2/6/2015 has been dissolved. Further direction is issued to pay a permanent alimony as per the provisions of Sec. 25 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act of 1955").

(2.) Being aggrieved, the appellant has preferred the captioned appeal on the ground that the judgment passed, is ex parte without offering sufficient opportunity to the appellant.

(3.) Ms Nilam N. Chauhan, learned advocate appearing for the appellant, submitted that it is sought to be recorded in the order that the summons is served upon the appellant; however, the appellant all throughout, was unaware about the summonses and the consequences thereof. Moreover, the appellant is not well versed with the nuances of the law so also the consequences of the non-observance of the procedure. It is submitted that though it is projected that the summonses have been served; however, it might have been received by the family members but not by the appellant and simply placing the acknowledgment receipt, would not be sufficent to substantiate that the summonses were served.