Ajit Kumar Jena vs Sasmita Palai
2023 Latest Caselaw 12552 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                MATA No. 111 OF 2023

            Ajit Kumar Jena                           ....           Appellant

                                                   Mr. S. K. Das 2, Advocate
                                        -versus-

            Sasmita Palai                             ....         Respondent


                    CORAM:
                                 JUSTICE ARINDAM SINHA
                                 JUSTICE SIBO SANKAR MISHRA
                                         ORDER

12.10.2023 I.A. No.120 of 2023 Order No.

03. 1. No order can be made on the interim application for stay of impugned judgment refusing to dissolve the marriage.

2. The application is disposed of.

(Arindam Sinha) Judge

(S.S. Mishra) Judge ORDER 12.10.2023 MATA No.111 of 2023 Order No.

04. 1. Mr. Das, learned advocate appears on behalf of appellant-

husband. He submits, his client has preferred appeal against judgment dated 28th February, 2023 made by the Family Court, dismissing the civil proceeding for grant of divorce.

// 2 //

2. There were two directions for issuance of notice to respondent- wife. He demonstrates from the first returned postal article, endorsement made thereon is 8Addressee door locked9. The second postal article returned bears endorsement 8Addressee absent from long days. Return to sender9.

3. The Supreme Court in State of M.P. vs. Hiralal, reported in (1996) 7 SCC 523 said in paragraph-1 of the order as reproduced below.

"1. In view of the office report, it would be clear that the respondents obviously managed to have the notice returned with postal remarks <not available in the house=, <house locked= and <shop closed= respectively. In that view, it must be deemed that the notices have been served on the respondents.=

Said Court by later judgment in C.C. Alavo Haji vs. Palapetty Muhammed reported in (2007) 6 SCC 555, in paragraph-14 relied on, inter alia, Hiralal (supra).

4. In the circumstances, we accept the position to be good service on respondent-wife.

5. Lower Court records be called for.

6. List the appeal for hearing on 16th November, 2023.

(Arindam Sinha) Judge

(S.S. Mishra) Judge Signature Not Verified Swarna Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 12-Oct-2023 17:38:50