Nisha Saw @ Nisha Gupta vs Ashish Kumar Banka @ Anni & Anr
2025 Latest Caselaw 6524 Jhar

Jharkhand High Court

Nisha Saw @ Nisha Gupta vs Ashish Kumar Banka @ Anni & Anr on 16 October, 2025

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad

 IN THE HIGH COURT OF JHARKHAND AT RANCHI
              F.A. No.52 of 2025
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Nisha Saw @ Nisha Gupta ... ... Appellant Versus Ashish Kumar Banka @ Anni & Anr. ... Respondents

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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 : Mr. Pratiush Lala, Advocate For the Resp. No.2 : Mr. Rahul Saboo, G.P.-II

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Order No. 05/Dated 16 October, 2025 th

1. Reference be made to the order dated 24.032025 by

which the notice was issued upon the sole respondent.

2. The process server has given a report, as has been

taken note in the office note dated 31.07.2025, that the

respondent-husband is not residing at the address given in

the notice.

3. This Court, in view thereof, has passed an order on

04.08.2025 granting liberty to the appellant to effect notice

upon the respondent-husband through Officer-in-Charge of

the concerned police station where the respondent-husband

resides as per the address furnished in the memo of appeal as

also reflected in the impugned judgment.

4. The Senior Superintendent of Police, Ranchi has also

been impleaded as party for the aforesaid purpose.

5. One affidavit has been filed by the Senior

Superintendent of Police, Ranchi.

6. Mr. Rahul Saboo, learned G.P.-II, appearing for the

State, has submitted by referring to paragraph-3 of the said

affidavit that the notice has been served upon the

respondent-husband through Sukhdeo Nagar Police Station

and acknowledgment of receipt of notice bears the signature

of the concerned respondent.

7. The respondent-husband has not put his appearance

even in spite of the same.

8. This Court, therefore, is of the view that the service is

complete and as such, proceeding to hear the matter on

merit.

9. We have heard the delay condonation application

being I.A. No.1644 of 2025.

10. The sole ground has been taken that the judgment

impugned is ex-parte and, as such, the appellant-wife was

not having any knowledge about the proceeding or the decree

of dissolution of marriage, as impugned in the instant appeal.

11. This Court, in order to appreciate the aforesaid

ground, is calling upon the trial court record.

12. Let the trial court record be called for.

13. Post this matter on 11.11.2025.

(Sujit Narayan Prasad, J.)

(Arun Kumar Rai, J.) 16th October, 2025

Birendra/