S. ABHIRAMI Vs. N. YADAVARAJ

JUDGEMENT

(1.) THIS civil revision petition has been filed under Article 227 of the Constitution of India challenging the order of the I Additional Judge, Family Court, Chennai dated 23.07.2010 made in I.A. No.2706/2009 in O.P. No.3266/2007.

(2.) THE respondent herein and the petitioner herein were husband and wife and the respondent had filed a petition for divorce on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The efforts taken by the respondent herein in the said OP for serving the process on the petitioner herein were thwarted, as the petitioner's actual residence was not known. Hence notices were sent to the last known address and at last on 13.05.2008, an ex parte decree dissolving the marriage came to be passed by the learned I Additional Judge, Family Court, Chennai.

(3.) THE petition was resisted by the respondent herein contending that the revision petitioner was very much aware of the pendency of the proceedings and she deliberately evaded service of process by frequently shifting her residence. The averment made in the affidavit filed in support of the petition, which was to the effect that the respondent herein had deliberately furnished insufficient address for service of process, was also denied by the respondent as false.