Bombay High CourtCAO/2209/2018admittedallwdgrantedrule absolute

Sau. Sangita W/O Rajendra Kokate v. Rajendra S/O Narayan Kokate

2020-01-10Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Shri Justice S.M. Modak2 pages

1 cao2209.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (O) NO. 2209/2018 IN FAMILY COURT APPEAL (ST.) NO. 8798/2018 Sangita R. Kokate ..VS..

Rajendra N. Kokate - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S. Joshi, Advocate for the appellant CORAM : Z.A.HAQ & S.M.MODAK , JJ.

DATED : 10/01/2020 The office note shows that notice is not served on the non-applicant / respondent as the noticee (nonapplicant / respondent) is not residing on the given address. Learned advocate for the applicant / appellant has pointed out that petition under Section 13 (1) (i-a) (i-b) of the Hindu Marriage Act was filed before the Family Court by the non-applicant / respondent showing his registered address as :- R/o "C/o. Dashrath Manohar, Near Buddha Vihar, Bhosale Nagar, Nagpur" and same address is shown in the present appeal also.

Relying on the provisions of Order VI Rule 14-A

(1) to (4) of the Code of Civil Procedure, it is submitted that as the notice is sent on the registered address of the nonapplicant / respondent, it has to be treated as valid service. It is further pointed out that the non-applicant / respondent has not given any intimation on record about change of his address.

2 cao2209.18 We find substance in the submission made by learned advocate for the applicant / appellant, and hold that notice of the civil application is served on the non-applicant / respondent.

Accepting the explanation given in the application, the delay of 39 days in filing the appeal is condoned.

The civil application is allowed accordingly. FAMILY COURT APPEAL (ST.) NO. 8798/2018 Taken up for hearing on admission.

Heard.

ADMIT.

Call R. & P.

The appellant shall file the private paper-book within six months.

In addition to the usual mode, the appellant shall serve the respondent by SP/RPAD.

JUDGE JUDGE ANSARI