Petition 9 College Mansi

H.P.
COLLEGE OF LAW, KALA AMB
Smt. Sanjana …Appellant
VERSUS
Sh. Harish …Respondent

LAW INVOLVED :-
1. Section 13 of The Hindu Marriage Act ,1956
2. Oder 9 Rule 13 Civil Procedure Code
Books Referred-
1. law of Marriage,
2. Law of Maintenance,
3. Law of Separation and Divorce
Website-
Lawctopus.com
LawOrdo.com
Legal500.com
Superlawyer.in
FACTS OF THE CASE

1. Mr. HARISH, a Hindu by religion married Miss. Sanjna on 17th
November 2011 as per Hindu rituals. Thereafter they resided in
the matrimonial home with the parents of Mr. HARISH. Mr.
HARISH’S mother was an orthodox female and had high belief in
mythology and in Hindu God. She had firm belief that to attain
Moksha, a man needs a son, therefore she always insisted on
Sanjna to conceive and give the privilege to them of being
grandparents to a grandson.
2. Miss. Sanjna delivered a baby girl on 9th April 2013 and thereafter
differences arose between them. HARISH’S mother continuously
passed insulting remarks upon Sanjna and her baby girl. She often
remarked that if Sanjna does not give their family a boy, she
would ask HARISH to marry another girl. Several times HARISH
fought with his own mother, telling her that he is satisfied with his
wife and has no complaints from her. Sanjna started persuading
HARISH to leave the house of his parents and move to a new
house to which HARISH never agreed. He was adamant that he
wants to stay with his family.
3. Finally on 22nd December, 2013 Sanjna, frustrated with the
constant bickering and inability of her husband to change
residence, decided to leave the matrimonial house with her
daughter and return to her parent’s house.
4. HARISH visited Sanjna ’s house several times. However never
found her at home. He could never even visit his daughter because
Sanjna was never available. Finally, on 2nd January 2016,
HARISH frustrated with Sanjna , filed for divorce u/s 13 of the
Hindu Marriage Act alleging desertion by his wife. The summons
were issued to Sanjna at the address shown but someone named
Ms. Asha returned the same and were marked as ‘refused to
accept’. The family court considering it as good service proceeded
with the matter.
5. The petition was heard ex parte and on the basis of evidence
adduced by HARISH, the family court granted divorce to the
husband on 16th September, 2016. HARISH sent the copy of the
order to Sanjna on the address provided.
6. On 25th February 2017, HARISH married Miss Sonal, a Hindu by
religion. Sonal conceived HARISH’s child and was due for
delivery on 13th April 2018. Meanwhile, Mrs. Sanjna filed an
application on 3rd October, 2017 before the High Court, for
condonation of delay for filing appeal against the decree of Family
Court granting ex parte decree to HARISH stating that she was
unaware of the proceedings as the summons were served on the
address on which she was not residing. She also stated that her
parents moved to a new house and accordingly, she also went to
the new house. Furthermore, she never had the intention to desert
HARISH but only wanted to teach his mother a lesson. She argued
that she was frustrated with the constant remarks by HARISH’s
mother and hence decided to leave the matrimonial house but
never desired to sever the matrimonial bond.
STATEMENT OF JURISDICTION
Mrs. Sanjna filed an application on 3rd October, 2017 before the High
Court, for condonation of delay for filing appeal against the decree of
Family Court granting ex parte decree to HARISH stating that she was
unaware of the proceedings as the summons were served on the address
on which she was not residing.
ISSUES RAISED
1. Whether Sanjana is entitled for setting aside the ex-party decree of
Divorce passed by the Family Court.
2. If the ex-party decree of Divorce passed by the Family Court is set
aside, what will be the status of the second marriage of Harish with
Miss Sonal.
3. Whether the summons issued to Sanjana returned with report of
someone named Ms. Asha marked as ‘refused to accept’ is good
service or not.
4. If the ex-party decree of Divorce passed by the Family Court is set
aside, what will be the status of the second child of Harish and
Sonal.
Arguments raised by the Counsel of the Appellant/Sanjana in
her favour.
1. That Sanjana is entitled for setting aside the ex-party decree of
Divorce a not summon as received by the appellant/Sanjana
passed by the Family Court.
2. That the sommon of the divorce case as the summons issued to
Sanjana returned with report of someone named Ms. Asha
marked as ‘refused to accept’ which is not a good service.
3. That the appellant/Sanjana is residing separately from her
husband/Harish due to the cruel nature of her mother in law, who
used to continuously passed insulting remarks upon Sanjna and
her baby girl and as such it become impossible to live in the
matrimonial house by the Appellant/Sanjana
4. That the delay for filing appeal against the decree of Family
Court granting ex parte decree to HARISH was due to
unawareness of the proceedings as the summons were served on
the address on which she was not residing.
5. That appellant/Sanjana was frustrated with the constant remarks
by HARISH’s mother and hence decided to leave the matrimonial
house but never had the intention to desert HARISH.
Prayer
That Appellant is entitled to setting aside the decree of Family Court
as the summons issued to Sanjana returned with report of someone
named Ms. Asha marked as ‘refused to accept’ which is not a good
service and the appellant/Sanjana is residing separately from her
husband/Harish due to the cruel nature of her mother in law, who
used to continuously passed insulting remarks upon Sanjna and her
baby girl and as such it become impossible to live in the matrimonial
house by the Appellant/Sanjana, but she never has the intention to
desert Harish.

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H.P.

COLLEGE OF LAW, KALA AMB

Smt. Sanjana …Appellant

Sh. Harish …Respondent

FACTS OF THE CASE

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