Allowed

Pooja Thakur v. Suman Kumar

Himachal Pradesh HC11 Nov 2024CMP.M/669/2024

Case brief

AI extract

What is this about?

The High Court of Haryana condoned delay in filing an appeal against an ex parte dissolution of marriage decree. It held that service on the respondent's father, who refused to accept summons due to the son's uncommunication of a new Delhi address, was deemed sufficient under the specific circumstances.

What did the court decide?

Delay in filing appeal condoned; application allowed and disposed of.

Pooja Thakur Vs Suman Kumar — Himachal Pradesh HC (2024) — LawSathi Research

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Pooja Thakur Vs. Suman Kumar

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CMP(M) No. 669 of 2024

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11.11.2024

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Present : Mr. Surinder Saklani, Advocate, for the applicant.

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CMP No. 20570 of 2024

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Copy of the summon/notice issued to the petitioner by the Family Court along with report has been placed on record. On perusal of the record received from the Family Court, it is apparent that the copy filed with the application is a true photocopy of the original notice/ summon available on the record of Family Court.

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The aforesaid document is taken on record for consideration and the application is allowed and disposed of.

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CMP(M) No. 669 of 2024

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This application has been filed for condonation of delay in filing the appeal against the judgment dated 10.1.2023, passed in HMA Petition No. 246 of 2022, whereby the marriage between the respondent Suman Kumar and petitioner Pooja Thakur has been dissolved by passing an ex parte judgment and decree.

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Notice issued to respondent-Suman Kumar has been received back with the report that his father had refused to receive the summon by saying that his son Suman Kumar is residing somewhere in Delhi but he has not disclosed his address of Delhi.

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Perusal of record also indicates that Suman Kumar, in the petition, filed for dissolution of marriage before Family Court, has disclosed his address as ‘Suman Kumar son of Surjeet Singh, resident of Village and Post Office Kothuwan, Tehsil Sandhole, District Mandi, H.P.’ He has also filed evidence on affidavit before the Family Court, wherein he, while appearing in the Court and also while swearing the affidavit in evidence, has mentioned his address same as to the address mentioned in the petition. There is no other address disclosed by the respondent either in the petition or form of address filed therewith.

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In the present application, notice issued to the respondent by Principal Bench of this Court, vide order dated 4.9.2024, has been considered deemed to have been served as his father has been served and it has been observed that it was duty of the father to inform the respondent about the lis.

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As respondent has not come forward for contesting the application, therefore, considering the averments in the application to be true and genuine, delay in filing the appeal is condoned.

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Application is allowed and disposed of.

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FAO (FC) No. ___________ (FAO (FC)-ST No. 10627 of 2024

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Be registered.

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Notice to the respondent, through registered AD as well as through ordinary course, be issued, returnable on next date, on taking steps within two days.

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List on 26.12.2024 .

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CMP No. 20571 of 2024

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Petitioner is exempted from filing English translation of the vernacular document (Annexure A-1) at this stage, subject to filing the same within seven days, as and when directed to do.

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Application stands disposed of.

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CMP No. _____________

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Notice in the aforesaid terms.

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Till further order, status quo qua marital

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status of the parties, as exists on date, be maintained.

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(Vivek Singh Thakur) Judge

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(Rakesh Kainthla) Judge

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11^th November, 2024 (Chander)

Pooja Thakur v. Suman Kumar

Case brief

What is this about?

What did the court decide?

Pooja Thakur v. Suman Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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