Sanjay Chandra Jha vs Smt. Ruby Kumari Mishra
2021 Latest Caselaw 4376 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        First Appeal No. 177 of 2019
     Sanjay Chandra Jha                              --- --- Appellant
                                    Versus
     1.Smt. Ruby Kumari Mishra
     2.Munindra Nath Mishra @ Munu Jee               --- --- Respondents
                                          .......

CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

For the Appellant : Mr. Baibhaw Gahlaut, Advocate For the Respondent :

08/24.11.2021 Pursuant to the order dated 13.09.2021, learned counsel for the appellant has addressed us on the question of maintainability of the appeal against the impugned judgment dismissing the Original Suit No. 129 of 2019 preferred under Section 12(1)(c) of the Hindu Marriage Act, 1955. The suit was dismissed on the ground that alleged fraud was discovered much more after one year of the marriage.

Keeping the issue of maintainability open at this stage, let notices be served in terms of Order 5 Rule 20 C.P.C. upon the respondent for which I.A. No. 4141 of 2021 has been preferred. Notices issued on the first occasion on 17.03.2020 remained unserved with the endorsement of the postal peon "addressee is not residing at the given address". Thereafter fresh steps for service of notice was directed on the present and correct address of the respondent vide order dated 29.06.2020. Learned counsel for the appellant submits that requisites for service of fresh notice was filed on the permanent address of the respondent as indicated in the marriage card and also in the description of address of the respondent in the impugned judgment and the present appeal. However, there is no report of service of notice, neither has the undelivered registered cover with A/D been received. The tracking report of speed post shows that consignment details were not found. It is submitted that in those circumstances appellant is seeking service of notice on the respondent through paper publication as it appears that respondent is deliberately not appearing before this Court. Learned counsel for the appellant also submits that in the proceedings before the learned Family Court also substituted notice was served upon the respondent as she was avoiding appearance through usual mode of service.

On consideration of the prayer made by the appellant, let notices be issued through paper publication on the last known address of the respondent and also at the permanent address as indicated in the impugned judgment and in the main memo of appeal through regional newspapers having wide circulation in the places where the respondent last resided, one in Hindi and another in English. Office shall serve the draft of notice through paper publication upon the learned counsel for the appellant within a period of two weeks. On service of notice through the aforesaid mode, appellant shall file a supplementary affidavit enclosing proof of service of notice and the extract of the paper publication within a period of three weeks, thereafter. Matter be listed thereafter.

I.A. No. 4141 of 2021 stands disposed of.

(Aparesh Kumar Singh, J.)

(Anubha Rawat Choudhary, J.) A.Mohanty