Karthik Shankarappa Naik v. Neha Karthik Naik And ANR
925-FCA-74-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD FAMILY COURT APPEAL NO.74 OF 2019 WITH CA/12668/2019 IN FCA/74/2019 WITH CA/13669/2019 IN FCA/74/2019 WITH CA/13672/2019 IN FCA/74/2019 WITH CA/13671/2019 IN FCA/74/2019 KARTHIK SHANKARAPPA NAIK
VERSUS
NEHA KARTHIK NAIK AND ANR ...
Advocate for Appellant : Smt. Jai Vaidya h/f Shri Abid R. Shaikh ...
CORAM : SUNIL P. DESHMUKH & B. U. DEBADWAR, JJ.
DATE : 03rd JANUARY, 2020 PER COURT :
1.
Learned counsel for appellant submits that respondent No.2 is highly educated and qualified and earlier had served at a multinational company and her brother is settled in U.S.A. and there is every possibility that she may leave India in order to avoid further legal proceedings.
2.
The decree has severely hit the appellant and moreover, access to his daughter is blocked. According to the learned counsel, the appeal has merits and there is likelihood of success. 3.
While an application for ad-interim relief was granted, thereafter attempt to serve respondent No.1 on her registered address before Family Court has been in vain. Her parents are not willing to disclose her whereabouts and are stating that she is no
925-FCA-74-19.odt longer residing on the given address.
4.
In the circumstances, the condition with which ad-interim relief had been granted could not be complied with. It is, therefore, urged that appellant be allowed to serve respondents through alternate mode of service viz., e-mail, by affixing copy of notice on registered address before Family Court of respondent No.1 and additionally through paper publications.
5.
Having regard to aforesaid, we deem it appropriate to grant Civil Application No. 12668 of 2019 in terms of prayer clauses '(a)' and '(b)'. Appellant may also serve respondents by publication of notice in widely circulated newspaper in the locality of registered address of respondent in the Family Court.
6.
In the circumstances, we deem it appropriate to continue the interim relief pursuant to order passed in Civil Application No. 12668 of 2019 dated 18th October, 2019 under clause (2) therein. 7.
Learned counsel states that so far as other civil applications are concerned bearing No. 13672 of 2019, 13669 of 2019, 13671 of 2019 appropriate proceedings would be initiated. In the circumstances, said civil applications are disposed of. (B. U. DEBADWAR, J.) (SUNIL P. DESHMUKH, J.) SVH