SUNIL VERSUS SAKSHI @ SHWETA

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 415 OF 2015

(arising out of SLP(C) No.21799 of 2014)

SUNIL … APPELLANT

VERSUS

SAKSHI @ SHWETA & ANR. … RESPONDENTS

 

The 1st respondent-wife got married to the appellant husband on 10th July, 2005. Out of their wedlock, the wife had given birth to a male child. On 26th March, 2012, the appellant-husband filed a petition under Section 13(1) (i-a)and (i-b) of the Hindu Marriage Act, 1955, for dissolution of marriage. On 26th March, 2012, notice was ordered to be issued to the wife. As per report of the process server dated 20th April, 2012, notice sent to the wife through Court was returned unserved on the ground that she had gone to Bangalore. On 21st April, 2012, notice was re-issued to the wife by RPAD. It was returned unserved with an endorsement ‘refused’. The case was listed on 12th June, 2012. Since notice issued to 1st respondent-wife was returned as refused, the Family Court held service of notice on the wife as sufficient. Counsel for the appellant-husband prayed time for settlement. The case was adjourned to 5th July, 2012, but the appellant-husband and his counsel were absent and the case was adjourned to 30th July, 2012 for settlement; on which date the appellant husband was present and reported no settlement. The 1st respondent-wife was placed ex parte and the case was adjourned to 22nd August, 2012 for appellant-husband’s evidence. On 22nd August, 2012, the case was adjourned to17th September, 2012. As per the order sheet dated 17th September, 2012, the appellant-husband and the 1st respondent-wife were present. Sri B.M. Chougale filed vakalatnama for the 1st respondent-wife and an application under Order IX Rule 7 of C.P.C. was filed praying to set aside the ex parte order dated 30th July, 2012. The said application was allowed, the ex parte order was set aside and the case was adjourned to 27th September, 2012 for conciliation. The parties were absent on 27th September, 2012 and 5th November, 2012.The case was adjourned to 27th November, 2012, on which date the appellant-husband was present. The 1st respondent-wife was absent. The Family Court adjourned the case to 3rd January, 2013 for appellant husband’s evidence observing that 1st respondent-wife did not file objections. On 7th January, 2013, the appellant husband was present. He filed affidavit evidence. Appellant-husband got himself examined as P.W-1 and got marked Exs.P1 to P4. Cross-examination of P.W-1 was taken as nil. Evidence on the side of respondent-wife was closed and adjourned the case to 21st January, 2013 for arguments. On 28th January, 2013, after hearing arguments of the counsel for the appellant-husband, the case was posted for judgment on 6th February, 2013. Accordingly, on 6th February, 2013, the Family Court allowed the petition and dissolved the marriage of the parties….read more