MAMATA MAYEE SAHOO Vs. ABINASH SAHOO

JUDGEMENT

(1.) THIS is an appeal filed by the appellant Mamata Mayee Sahoo under Section 19 of the Family Courts Act, 1984, challenging the impugned judgment and order dated 3.10.2012 of the learned Judge, Family Court, Rourkela passed in Civil Proceeding No. 13 of 2012 in allowing the petition filed by the respondent under Section 11 of the Hindu Marriage Act, 1955 ex parte and declaring the affidavit marriage between the appellant and the respondent dated 14.1.2011 and the temple marriage between them on 21.1.2011 as null and void.

(2.) THE respondent filed a petition under Section 11 of the Hindu Marriage Act, 1955 against the appellant with a prayer to pass an order declaring the marriage between the parties as void and to pass a decree of nullity. The petition was presented before the learned Judge, Family Court, Rourkela on 17.1.2012 and accordingly C.P. No. 13 of 2012 was registered.

(3.) THE learned Judge, Family Court admitted the petition filed by the respondent on 24.1.2012 and directed for issuance of notice on the appellant. On 7.8.2012, the postal A.D. returned back after service on one Chhabita Sahoo. The respondent filed an affidavit regarding proof of service of summons issued through registered post and accordingly the learned Judge, Family Court, Rourkela held the service of summons to be sufficient. Since the appellant was found to be absent on repeated calls and no steps were taken on her behalf, she was set ex parte on 7.8.2012.