SUMITRO DAS Vs. SOMA DAS

JUDGEMENT

(1.) The instant appeal is directed against the impugned judgment dtd. 27/9/2024 and decree dtd. 7/10/2024 passed in Original Suit No.47 of 2023 by the learned Principal Judge, Family Court, Koderma, whereby and whereunder, the petition filed by the appellant under Sec. 13 of the Hindu Marriage Act for dissolution of marriage against the respondent/defendant has been dismissed.

(2.) This Court, while considering matters arising out of matrimonial disputes, has come across that in a majority of ex-parte judgments passed by the learned Family Courts, the mandate of the procedural law has not been duly complied with. Such ex-parte judgments appear to have been rendered in a routine manner. Moreover, while passing orders of dissolution of marriage, in most cases where alimony has been awarded under Sec. 25 of the Hindu Marriage Act, 1955, the same has often been granted without the support of affidavits. This practice is in clear violation of the directions issued by the Hon'ble Supreme Court in Rajnesh v. Neha & Anr., (2021) 2 SCC 324.

(3.) With regard to the issue of ex-parte judgments, this Court is conscious of the settled position that in the event of non-appearance of either party, the proceedings are required to be taken ex-parte so that the pending dispute may not be allowed to linger unnecessarily, thereby preventing any misuse of the judicial process.