LAWS(JHAR)-2024-9-32

ARBIND KUMAR SINGH Vs. PUSHPA DEVI

Decided On September 26, 2024
ARBIND KUMAR SINGH Appellant
V/S
PUSHPA DEVI Respondents

JUDGEMENT

(1.) Arbind Kumar Singh, who is appellant before us, had instituted Original Suit No. 682 of 2016, before the Principal Judge, Family Court, Dhanbad, according to him, his marriage was solemnized with respondent Pushpa Devi on 10/5/2005.

(2.) By impugned judgment dtd. 19/11/2019 passed in Original Suit No. 682 of 2016, which was filed under Sec. 13(1) (i-a) of Hindu Marriage Act, 1955, was dismissed by the Principal Judge, Family Court, Dhanbad.

(3.) At the outset, it is pertinent to note that there was order dtd. 24/11/2020 of this court to issue notice to the respondent, but, notice remained unserved. When the case was taken up on 13/7/2022, learned counsel for the appellant had submitted that appellant has not been able to ascertain the present and correct address of the respondent and had prayed for service of notice through paper publication. Then, in order dtd. 3/8/2022, this court had noted that appellant has not been able to obtain the present and correct address of the respondent and hence, court ordered for serving the notice to the respondent through paper publication and thereafter, in order dtd. 21/9/2022, on proof of paper publication, court ordered that the service on the respondent is treated as valid, but one more opportunity was given to the respondent to put her appearance and lastly when the matter was taken again on 16.042024, respondent had not made her appearance, so, the appeal was heard ex-parte against the respondent.