Puneet Chander Bhasin vs Smt. Sunita
1990 Latest Caselaw 216 Del

ORDER

1. The impugned order, in this petition under Article 227 of the Constitution of India, has been passed after hearing the counsel for the parents of the wife in a matrimonial matter.

2. The only parties which can be heard in a matrimonial matter are the husband or the wife or the co-respondent. Matrimonial jurisdiction of Courts is a special jurisdiction, which is controlled by, in the instant case, the Hindu Marriage Act.

3. The Court below has erred in entertaining any contention which is purported to have been raised by the parents of the respondent-wife.

4. The application under Order 5, Rule 20 of the Civil Procedure Code is an innocuous application. It was for substituted service on the respondent. In the facts of the instant case, it should have been allowed without anything more.

5. As the respondent has not been served in the ordinary way, it is fit and proper that service on the respondent be effected by publication.

6. This petition is allowed, and disposed of with the observations made above. The petitioner should appear before the Court below on 22nd May, 1990, on which date orders regarding effecting of substituted service on the respondent-wife be passed by the court.

7. Petition allowed.