DEEPALI Vs. PRATAP

JUDGEMENT

(1.) By this Family Court Appeal, original respondent wife is challenging the Judgment and Decree dated 10th February, 2012 passed by the learned Judge, Family Court, Aurangabad in Petition No. A-311/2011, which was G.A.Ghule [P.A.] filed by the present respondent husband, seeking dissolution of marriage by decree U/Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955. [ In short, the "Act of 1955".]

(2.) Heard the learned counsel appearing for the present petitioner wife. He contended that the learned Judge, Family Court, Aurangabad erred in passing ex parte decree for divorce within a short period of 4 1/2 months of institution of the proceeding by the respondent-husband, by accepting the report of the bailiff that he attempted to serve the summons upon the respondent therein, in court premises, and she refused to accept the same. According to the learned counsel for the present appellant the wife has no occasion to remain present in the premises of the Family Court, Aurangabad; so as to enable the Bailiff of the Family Court to effect service of summons upon her.

(3.) In the present matter, the learned counsel for respondent husband did not appear when we heard the appeal yesterday i.e. 21.12.2014 and today also. Initially, when the learned counsel for respondent-husband was appearing in the matter, this court attempted to settle the controversy between the parties by referring the same to the Mediator. However, we have received the report of the Mediator that mediation failed.