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Bombay High CourtCHOL/398/2024disposed off

Arpitaa Nitesh Pandey v. Nitesh Pandey

2024-09-12E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)3 pages

ssd Before: E.B. SIVAKUMAR Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 12 th September, 2024 CALLED FOR DIRECTION:

Mr. Rahul Singh, Adv. for the Petitioner.

P. C. : 1.

The present Chamber Order is taken out to serve the Citation upon Nandita Kantivallabh Pandey, mother of the deceased by way substituted service as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Petitioner is seeking permission to publish the Citation in two newspapers viz. "Free Press Journal" in English Language and in "Nav Bharat" in Hindi language.

3.

Perused the Affidavit in support dated 1 st August, 2024. In Para 2, it is stated that the whereabouts of mother of the deceased is not known to be petitioner.

It is further stated that the mother of the deceased is alive but her whereabouts is not known to the petitioner as the marriage of Petitioner and the deceased was against the wish of the family and since inception they were staying separately and the Petitioner had never shared and bond with her in laws and not in touch with the as she had broken ties with the after marriage. It is further stated that the petitioner had tried to such and

Contd.. ..2/- locate the Nandita Kantivallabh Pandey, father of the deceased but she did not get any information about her. She has therefore requested to permit her to publish the Citation in the newspapers "Free Press Journal" in English Language and in "Nav Bharat" in Hindi language.

4.

Perused Para-8 of the Petition, it is mentioned and confirmed that the averment made in the Affidavit in respect of the addresses not known to the Petitioner.

5. Heard. The Ld. Adv. for the Petitioner submits that the whereabouts of the mother of the deceased is not known to the Petitioner despite diligent search. He further submits that the Chamber Order be allowed and the Petitioner be permitted to publish the Citation in "Free Press Journal" in English Language and in "Nav Bharat" in Hindi language, as and by way of substituted service.

6.

For the reasons stated in Affidavit dated 1 st August, 2024 and averments made in Para-8 of the Petition, the present Chamber order is granted, and the same is signed separately.

7.

Publication of Citation to be done in "Free Press Journal" in English Language and in "Nav Bharat" in Hindi language, as and by way of substituted service within four weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required, with the returnable

Contd.. ..3/- date.

8. Petitioner to file Affidavit annexing therewith the newspapers within two weeks once, the publication is done.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 12.09.2024