Case Note & Summary
The appellant-wife married the respondent-husband on 10.7.2005 and they have a male child. On 26.3.2012, the husband filed a petition under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955, seeking divorce on the ground of cruelty. Notice was ordered to the wife, but the process server reported that she had gone to Bangalore. Notice was reissued by RPAD, which was returned with an endorsement 'refused'. The Family Court held service sufficient and proceeded ex parte on 30.7.2012. The husband led evidence and the Family Court granted divorce on 6.2.2013. The wife appealed under Section 19(1) of the Family Courts Act, 1984, contending that she was not served and had no opportunity to defend. The High Court noted that the notice was sent to the wife's parental address despite the husband knowing she was in Bangalore. The court held that the service was not sufficient and the ex parte decree was liable to be set aside. The appeal was allowed, the judgment and decree of the Family Court were set aside, and the matter was remanded for fresh disposal after giving the wife an opportunity of hearing. The parties were directed to appear before the Family Court on 11.8.2014.
Headnote
A) Family Law - Divorce - Ex Parte Decree - Service of Notice - Section 13(1)(i-a) of Hindu Marriage Act, 1955 - The wife appealed against an ex parte divorce decree granted on the ground of cruelty. The Family Court held service of notice sufficient based on a 'refused' endorsement on RPAD. The High Court found that the notice was not properly addressed as it was sent to the wife's parental address despite the husband knowing she was in Bangalore. Held that the service was not sufficient and the ex parte decree was liable to be set aside to give the wife an opportunity of hearing (Paras 2-5).
Issue of Consideration
Whether the Family Court was justified in holding that service of notice on the wife was sufficient and proceeding ex parte, thereby granting divorce without giving the wife an opportunity of hearing.
Final Decision
Appeal allowed. The judgment and decree dated 06.02.2013 passed in M.C.No.86/2012 by the Family Court at Belgaum is set aside. The matter is remanded to the Family Court for fresh disposal in accordance with law after giving an opportunity of hearing to both parties. The parties are directed to appear before the Family Court on 11.08.2014.
Law Points
- Service of notice
- sufficient service
- ex parte decree
- refusal of notice
- Family Courts Act
- Hindu Marriage Act
