Gulshan Ramzanali Rayali v. Hasanali Ramzanali Rayali

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 20th June, 2025 CALLED FOR DIRECTION:

Ms. Isha Paresh Gajjar, Advocate for the Applicants / Petitioners. 3.CHOL/250/2025 AMH20240131638C202500001 In TP/5392/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Roshan Hasanali Rayali, (Wife 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 "Inquilab" in vernacular language i.e. Urdu.

3.

Perused the Affidavit dated 8th May, 2025 and Additional Affidavit dated 16th June, 2025 annexed to Chamber Order. It is stated in the said Additional Affidavit that the deceased was legally married to Roshan Hasanali Rayali, who has been missing since the year 1996 and the disappearance was a consequence of internal disputes between the deceased and his wife, due to which she voluntarily left the matrimonial home in the said year. It is further stated that a diligent search was made by the Applicants but his family members made inquiries with relatives and friends, but all such efforts were unsuccessful in tracing her whereabouts. It is further stated that the wife of the deceased did not return nor as she contacted with family members or deceased in any manner. The Applicants therefore requested to permit them to publish the Citation upon Roshan Hasanali Rayali, (Wife of the deceased) by way of substituted service by publishing in two newspapers viz. "Free Press ..2/-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) : 2 :

Journal" in English Language and in "Inquilab" in vernacular language i.e. Urdu.

4.

Perused Para-5 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 said Additional Affidavit that the deceased was legally married to Roshan Hasanali Rayali, who has been missing since the year 1996 and the disappearance was a consequence of internal disputes between the deceased and his wife, due to which she voluntarily left the matrimonial home in the said year. She further submits that a diligent search was made by the Applicants but his family members made inquiries with relatives and friends, but all such efforts were unsuccessful in tracing her whereabouts. She further submits that the wife of the deceased did not return nor as she contacted with family members or deceased in any manner. She therefore prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 8th May, 2025 annexed to the Chamber order and averment made in Para-5 of the Petition, the Chamber Order is allowed. The Applicant is directed to publish the Citation in two newspapers viz. (1) "Free Press Journal" in English and (2) "Inquilab" in Urdu 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 20.06.2025