M. ASHA Vs. S. ANEESH KUMAR

JUDGEMENT

(1.) Heard the learned Counsel appearing for the Revision Petitioner. Issuance of Notice to the Respondent is dispensed with.

(2.) The marriage between the Petitioner and the Respondent was solemnized on 24/3/2021. The Marital relationship has come under strain. The Petitioner herein filed H.M.O.P. No.825 of 2023 on the file of the Family Court, Nagercoil for dissolving her marriage with the Respondent. The Petitioner's Counsel states that notice issued to the Respondent's last known address was served on the Respondent 's Mother. The Respondent is presently said to be in Dubai. The Petitioner is unable to effect service on the Foreign address of the Respondent. In these circumstances, the Petitioner wants to effect substituted service. She filed an I.A. in this regard. The grievance of the Petitioner is that the I.A. is not being numbered and is being adjourned from time to time. Order 5, Rule 20 of C.P.C., is as follows:

(3.) I am satisfied that the Defendant is keeping out of the way for the purpose of avoiding service. The Court below is directed to number IA filed by the Petitioner for effecting substituted service. The Petitioner is permitted to file fresh IA under the aforesaid provision. It shall be numbered and allowed immediately.