RAM BABU MISHRA Vs. POONAM @ GUDIYA

JUDGEMENT

(1.) The husband Ram Babu Mishra initiated proceedings under Section 9 of the Hindu Marriage Act,1955 for restitution of conjugal rights against his wife Smt. Poonam by way of a suit. Later, after statements of the parties were recorded taking clue there from he got the plaint amended and added, in the alternative, the relief for divorce on account of desertion and cruelty.

(2.) The suit had been dismissed vide judgment and order dated 9.9.2009 passed by the Additional District Judge. Therefore, husband is in appeal under Section 28 of the Act.

(3.) The appeal was admitted and notice by registered post was directed to be issued to the wife. Initially notice could not be served upon the wife as it used to be returned with the endorsement that she has left the said address. The husband was then directed to find out the address of the wife at which she might be living in present but he failed in his effort. He brought on record documents showing that the wife all through in various proceedings has given her address as is contained in the plaint and formal order. It is upon that address alone that the notice was sent to her. The Court on being satisfied that the notice had been sent to the wife at the correct address and her no other address is on record and that she has failed to inform about her new/changed address, permitted the husband to take recourse to substituted service by publication in news-paper. The notice of the appeal was published in the news-paper Amar Ujala, Kanpur edition dated 18.8.2013 and on the original of the said news-paper being brought on record, the service of notice upon the wife was deemed to be sufficient. Since no one had appeared and filed appearance on her behalf, the appeal was directed to proceed ex-parte against her.