ANUPAM DAS Vs. PRIYANKA TIWARY

JUDGEMENT

(1.) Heard learned counsel for the appellant Mr. Deepak Kumar Dubey.

(2.) The appellant is aggrieved by the judgment dtd. 31/3/2017, decree dtd. 10/4/2017, passed in Original Suit No. 118 of 2016, by the learned Addl. Principal Judge, Add. Family Court, Dhanbad, where under his prayer for dissolution of marriage with the respondent on the grounds of desertion has been refused. The defendant wife did not appear before the learned Family Court in spite of sufficient service of notice and the case was heard ex-parte.

(3.) In the present appeal, several attempts have been made to ensure her appearance. On the first occasion, notice was issued on 23/4/2018 under both process. However, as per the status report and endorsement on the undelivered registered cover that the addressee does not reside at the given address, fresh steps were taken on her present and correct address in pursuance of the order dtd. 9/7/2018 under both process once again. This also returned unserved as per the service report with an endorsement on the undelivered registered cover that the addressee is not residing at the given address/incomplete address. Then by order dtd. 27/3/2019, notices were directed to be served through the head of the Bag Mugalia Police Station, District Bhopal, Madhya Pradesh on the fresh address given by the appellant and copy of the order was also sent to the Superintendent of Police, District-Bhopal (Madhya Pradesh) through FAX and by registered post. Service report shows that notice could not be served since respondent was out of station for attending marriage ceremony of her relative. Then, by order dtd. 26/6/2019, appellant was directed to effect service of notice through courier and also to get it published in Hindi and English Newspapers having wide publication in Bhopal. Appellant filed supplementary affidavit in proof of service of notice through paper publication and courier also. Despite such service of notice, respondent had not entered appearance. Accordingly, after condonation of delay of 4 days, the appeal was admitted for hearing by order dtd. 11/11/2019 and lower court records were called for. In these circumstances, the present appeal has been heard after receipt of the L.C.R. ex-parte against the respondent wife.