PRACHI SONI Vs. JAI PRAKASH SARRAF

JUDGEMENT

(1.) This first appeal under Sec. 19 of Family Court Act, has been preferred against judgment and decree dated 30.10.2014 passed in Hindu Marriage Case No. 85-A/2013 by Principal Judge, Family Court, Rewa, whereby petition under Sec. 13 of the Hindu Marriage Act for divorce filed by respondent husband Jai Prakash Sarraf, was allowed and ex-parte decree for dissolution of marriage between appellant wife Prachi Soni and respondent husband Jai Prakash Sarraf, was passed.

(2.) The facts necessary for disposal of this first appeal may briefly be stated thus: Appellant wife married the respondent husband by Hindu rites on 2.2.2012. The respondent husband filed a civil suit in the court of Principal Judge, Family Court, Rewa, on 17.6.2013 for divorce on the ground of cruelty. Notice of the civil suit was directed to be issued by ordinary mode as well registered post acknowledgment due by order dated 5.8.2013. The acknowledgment in respect of the notice issued to the appellant wife was received back in the Court with the signature of one Amit Soni, who is said to be brother of the appellant wife. The notice issued by ordinary mode was not received back. By order dated 10.9.2013, learned trial Court held that notice issued by registered post has been duly served upon the appellant wife. Since, no one appeared on her behalf on that date, she was directed to be proceeded against ex-parte. After recording ex parte evidence, the impugned judgment and decree was passed on 26.9.2013.

(3.) During the course of the arguments, learned counsel for the appellant has contended that the notice of proceedings before learned trial Court was not served upon the appellant wife. Learned Trial Court grossly erred in recording the finding that summons had been duly served by registered post, acknowledgment due. This finding recorded by learned trial Court is contrary to express provisions of Order 5 of the Code of Civil Procedure, which is liable to be set aside and the appellant wife should be allowed to contest the civil suit for divorce on merits.