Aishabanu Rafiq Mohammed Khan v. Shakila Mohammed Ahmed Patel

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 20th December, 2024 CALLED FOR DIRECTION:

2.CHOL/548/2024 In TP/1117/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Jayant Arjun Wani, Advocate for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon Mohammed Ahmed Patel (Husband of the deceased) by way of 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 "Navbharat" in vernacular language i.e. Hindi. 3.

Perused the Affidavit dated 2nd August, 2024 and Additional Affidavit dated 19th December, 2024 annexed to Chamber Order. It is stated in the said Affidavits that the deceased died as issueless and her relationship with her husband was not well, subsequently after five years her husband left her and she had gone to her parental home and the husband did not bring her back to their matrimony house. It is further stated that there were no communication or till her date of death. It is further stated that Applicant / Petitioner carried out a diligent search but he could not be found and his whereabouts not known to the Applicant / Petitioner. The Applicant therefore requested to permit her to publish the Citation upon Mohammed Ahmed Patel (Husband of the deceased) by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Navbharat" in vernacular language i.e. Hindi.

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4.

Perused Para-9 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. Advocate for the Applicant submits that the deceased died as issueless and her relationship with her husband was not well, subsequently after five years her husband left her and she had gone to her parental home and the husband did not bring her back to their matrimony house and there were no communication or till her date of death. He further submits that Applicant / Petitioner carried out a diligent search but he could not be found and his whereabouts not known to the Applicant / Petitioner. He, therefore, prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavits annexed to the Chamber Order and averment made in Para-9 of the Petition, the present Chamber order is granted, and the same is signed separately. Publication of Citation to be done in two newspapers viz. (1) "Free Press Journal" in English and (2) "Navbharat" in Hindi language, within four weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required.

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

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 20.12.2024