Anjan Kumar vs Geeta
2023 Latest Caselaw 1851 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             F.A. No. 82 of 2020
     Anjan Kumar                                ..... Petitioner/Appellant
                                    Versus
     Geeta                                      ..... Respondent/Respondent
                                    ---------

CORAM: Hon'ble Mr. Justice Rongon Mukhopadhyay Hon'ble Mr. Justice Deepak Roshan

---------

     For the Appellant       : Mr. Arpan Mishra, Advocate
     For the Respondent      : None
                                    ---------

08/ 01.05.2023 It appears that notice was issued upon the respondent and the same returned back with an endorsement "Refused". Subsequent thereto, vide order dated 28.02.2022, the Officer-in-Charge, Kotwali P.S., Tekari Road, Gaya, Bihar was directed to serve notice and file his personal affidavit within four weeks. Pursuant to the order dated 28.02.2022, the affidavit has been filed by the Officer-in-Charge of Kotwali P.S., Tekari Road, Gaya, Bihar from which it appears that she was not present in her house and her family members have refused to accept the notice. It further appears that father of the respondent was telephonically informed and he replied that he was in Delhi and respondent was not present at the house. It appears that the learned court below has also passed the judgment ex- parte as the respondent has failed to appear there.

Mr. Arpan Mishra, learned counsel for the appellant submits that the matter was sent for mediation in which also the respondent did not appear.

In view of the aforesaid facts, notice upon respondent is deemed to be validly served.

Let this matter be listed on 11.05.2023 under the heading for final hearing.

(Rongon Mukhopadhyay, J.)

(Deepak Roshan, J.) sm