NILADRI MAITI Vs. SWATI DAS

JUDGEMENT

(1.) Subject matter of challenge in this case is against an order, dtd. 22/12/2021, passed by Learned Additional District Judge, Re- Designated Court, Paschim Medinipore, in Judicial Misc. Case No. 159 of 2021 arising out of Matrimonial Suit No. 342 of 2020, granting stay of operation of the order, dtd. 5/12/2020, by which ex parte decree of divorce was granted.

(2.) Admittedly, a Matrimonial Suit for divorce was filed by petitioner/husband on 15/9/2020, taking the grounds available under Sec. 13 of the Hindu Marriage Act. The ex parte decree of divorce, however, was passed on 5/12/2020.

(3.) Service upon the wife/opposite party is a disputed question of fact and law in this case, since service of summons, said to have been served upon the wife/opposite party, returned with a note of refusal, which is grossly under challenge in this case.