Jaya Bharti @ Komal vs Rakesh Kumar
2025 Latest Caselaw 4049 Jhar

Jharkhand High Court

Jaya Bharti @ Komal vs Rakesh Kumar on 18 June, 2025

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad, Rajesh Kumar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                       F.A. No. 79 of 2025
                                              With
                                      I.A. No. 3650 of 2025
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Jaya Bharti @ Komal ....... Appellant Versus Rakesh Kumar ....... Respondent

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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE RAJESH KUMAR

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     For the Appellant        : Mr. Rishi Pallava, Advocate
     For the Respondent       : None
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     03/Dated: 18th June, 2025

1. The case has been listed for consideration of the issue of service of notice upon the respondent-husband.

2. We have perused the office note dated 17.06.2025. It appears from the reference of the service report which has been kept at Flag-'X' available in the paperbook with the report of process server that the notice has been received by his father, namely, Ramji Prasad.

3. This Court, on perusal of the said report, has found that the father has admitted regarding the jointness of the family.

4. This Court, considering the aforesaid report, is of the view that the service is accepted to be validly served.

5. One interlocutory application being I.A. No. 3650 of 2025 has been filed for condonation of delay of 485 days.

6. This Court, in order to consider the said delay condonation application, is of the view that the trial court record is required to be taken into consideration since the ground is being taken that the judgment has been passed ex-parte.

7. Accordingly, let the trial court record be called for.

8. Let this case be listed on 09.07.2025.

(Sujit Narayan Prasad, J.)

(Rajesh Kumar, J.) Saurabh/-