ALWIN ATINDRA NATH BISWAS Vs. AMITA BISWAS

JUDGEMENT

(1.) THESE are two applications made by the respondent and the co-respondent in a Divorce Suit for setting aside an exparte decree of this Court, dated April 20, 1961, confirming a decree nisi made by the Additional District Judge, Fifth Court, 24-Parganas, dissolving the marriage between the petitioner Atindra Math Biswas and the respondent Amita Biswas. By a judgment, dated April 30, 1960, the Additional District Judge directed that the marriage between the two parties be dissolved subject to confirmation by this Court.

(2.) THEREAFTER a Reference was made to this Court under section 17 of the Indian Divorce Act. Notices of the Reference were directed to be served by the Registrar of this Court. In pursuance of the aforesaid order three notices were issued, one upon the petitioner Atindra Nath Biswas, another upon the respondent Amita Biswas, and the third one upon the co-respondent Balraj Marchanda. The addresses at which the registered notices were sent were the addresses given by the parties in the decree for the purpose of service of notices. All the notices bear the postal stamp of July 30, 1960. The notice upon the petitioner was accepted by him, and he actuality appeared through an Advocate at the hearing before us. Notices upon the respondent Amita Biswas and the co-respondent Balraj Marchanda were returned by the serving peon with the remark "left". Thereafter the Registrar directed substituted service of the notices upon the respondent and the co-respondent, and it appears from the process-server's report that one copy of the notices in each case was hung in front of the door of the respective addresses as given in the decree of the Lower Court and the other copy at the Lower Court premises. In spite of these two attempts for service of notice, the respondent and the co-respondent did not appear before us at the time of hearing though they appeared in the Trial Court and hotly contested the suit in the Court of the Additional District Judge.

(3.) ON May 18, 1981, the respondent and the co-respondent filed two separate applications for setting aside the exparte decree of this Court by which the decree nisi of the Trial Court was confirmed. In the petition of Amita Biswas she states that she is still residing at premises No. 218, Lower Circular Road, Calcutta the date of the affidavit being May 4, 1961, and she farther states that on April 20, 1961, she was confined to bed at a nursing home prior to certain operations advised by her medical practitioner. The co-respondent in his petition states that from before the termination of the proceeding in the Court of the Additional District Judge he had left his original residence and had shifted to a new address at Titagarh. In the decree of the Trial Court, however, his old address was not altered, and it is stated in the decree that the address was given by him for the purpose of service of notice.