Court No. - 37
Case :- FIRST APPEAL No. - 637 of 2017
Appellant :- Alka Sharma
Respondent :- Sarveshwar Nath Upadhyay
Counsel for Appellant :- Hausihla Prasad Mishra
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Subhash Chand,J.
The respondent has been served long back.
The grounds taken by the appellant are as under:
"II. Because judgement and order dared 13.04.2015 passed by learned Principal Judge, Family Court is exparte and without notice and opportunity.
III. Because bare perusal of divorce suit it reveals that address of defendant/appellant mentioned therein is not correct address and publication has also been made in local news paper 'Nyayadheesh' published in Allahabad on wrong address, while correct address of defendant/appellant is mentioned in array of parties in present appeal.
VI. Because learned Court below while passing the exparte order no where mentioned the sufficient ground for divorce as mentioned in the provision and as such no ingredient appears to be discussed by the learned Court below.
VI. Because learned Court below discussed the averment exparte only on the basis of pleadings mentioned in divorce suit."
A newspaper published in Allahabad could not be read in Delhi as the appellant is staying at Delhi.
The judgement of the court below being ex-parte is set aside by exercising jurisdiction under Section 19 of the Family Court Act.
We set aside the judgement. The judgement is quashed and set aside, the matter is remitted to the court below to hear the parties afresh.
The appellant would be at liberty to file her rebuttal reply as per Family Court rules. The Family Court should see that the husband is served again.
Order Date :- 13.8.2021 PS