JAYSHRI GAJENDRA MAHAJAN Vs. GAJENDRA PANDIT MAHAJAN

JUDGEMENT

(1.) This is an appeal filed by wife challenging the Judgment and Order dated 16th June, 2017, passed by the District Judge -5, Jalgaon, in Miscellaneous Civil Application No. 85 of 2016, under Section 25 of the Guardians and Wards Act, 1890, whereby the custody of a minor girl aged 7 years is ordered to be handed over to the father.

(2.) The grievance of the appellant as argued by learned Advocate Shri. Girish V. Wani is that there was no proper service on the appellant, still the trial Judge proceeded ex-parte against her.

(3.) I have perused the record and proceedings of the trial Court. As per the record, notice dated 07-03-2017 was issued in the name of appellant and her minor daughter. The bailiff visited her house on 18-03-2017. That time, her daughter and appellant were out of station. It is alleged that the father of appellant No.1 has refused to accept the notice and the noticee were not found. Hence, notice was returned unserved. Earlier notice was also sent by Registered Post Acknowledgment Deed (RPAD) and the envelope was returned unserved with an endorsement that an intimation was given to the noticee. But, she did not visit the post office for collecting envelope.