Jharkhand High Court
Dipti Sharma vs Gunjan Sharma on 13 October, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A. No.233 of 2023
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Dipti Sharma ... ... Appellant
Versus
Gunjan Sharma ... ... Respondent
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE ARUN KUMAR RAI
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For the Appellant : Ms. Oishi Das, Advocate
For the Respondents :
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th
Order No.14/Dated: 13 October, 2025
IA No. 13905 of 2025
1. The present interlocutory application has been filed for
substituted service of notice and recall/modification of order dated
29.4.2025 under Order V Rule 20 read with 151 of Civil Procedure
Code, 1908.
2. Ms. Oishi Das, the learned counsel appearing for the appellant-
wife has submitted that the respondent-husband has obtained decree of
divorce fraudulently as he has taken signature of the appellant-wife on a
blank paper on the pretext of opening of a joint bank account and the
same paper was used in sworning the affidavit and based upon that a suit
for dissolution of marriage was filed. Thereafter, a decree for dissolution
of marriage has been obtained fraudulently. The appellant-wife, after
knowing about the decree of dissolution of marriage, has preferred the
present appeal.
3. Notice has been issued to the respondent-husband by this court
vide order dated 03.4.2024 and steps have also been taken but the notice
could not be served. The service report received with the report of
process server that respondent-husband has left Bokaro after selling his
house long ago. It is stated in the supplementary affidavit that the
respondent-husband is now living somewhere in the city of Bangalore.
4. The learned counsel for the appellant-wife has stated that the
respondent-husband has left Bokaro after selling his house and, as such,
no purpose will be served in taking steps for fresh service of notice upon
the respondent-husband at the address which has been furnished in the
plaint. Further submission has been made that since the respondent-
husband is living in Bangalore, the appellant-wife having no correct
address, is not in a position to comply with the order dated 29.4.2025.
Therefore, the present interlocutory application has been filed for recall
of the aforesaid order and, in consequence thereof, allow the appellant-
wife to take steps for substituted service of notice by paper publication
both in the district of Bokaro and in the city of Bangalore in order to
secure the appearance of the respondent-husband.
5. Considering the aforesaid submissions that the address of the
respondent-husband reflected in the impugned judgment is Kunwar
Singh Colony, Chas, PS: Chas, Boakaro and the said house has been sold
out, hence, difficulty of the appellant-wife cannot be ruled out. Since
respondent husband is living in the Bangalore, therefore, it is quite
impossible to trace out the respondent-husband in the city of Bangalore
to affect the notice through process server or through registered post.
6. Therefore, the present interlocutory application being IA No.
13905 of 2025 is allowed and, accordingly, the order dated 29.4.2025 is
hereby recalled. The appellant-wife is at liberty to take substituted
service of notice through paper publication.
7. Office to proceed for the needful.
8. Let a supplementary affidavit be filed on 17.11.2025 showing
the paper cutting, widely published in the district of Bokaro and in the
city of Bangalore.
9. Let the matter be listed on 17.11.2025 for filing specific
affidavit on behalf of the appellant.
(Sujit Narayan Prasad, J.)
(Arun Kumar Rai, J.)
Dated: 13.10.2025
KNR
