Shanta Kapur Wd/O Kuldip Singh Kapur v. Kuldip Singh Kapur S O Sohinder Singh Kapur

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 8th June, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

1. CHOL/ 175/2026 AMH20240128529C20260 ) ) ) Ms. Bhakti Patil i/by Shri Prabhu Velar, Advocate for the Applicant / Petitioner.

IN TP /6429/2025 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon Sukhinder Kapur, son of the deceased, by way of substituted service as per schedule annexed to the Chamber Order. 2.

Perused the schedule. The Applicant applies for publication of citation in two newspapers viz. "Free Press Journal" in English Language and in "Hamara Mahanagar" in vernacular language i.e. Hindi, widely circulated in Mumbai. 3.

Perused the affidavit in support and additional affidavit. The Applicant has stated in the affidavit that, the parents of the deceased predeceased the deceased. It is further stated that, whereabouts of Sukhinder Kapur, son of the deceased is not known as he is not in contact with any of the family members and the Applicant had searched for his whereabouts from the neighbours and the family friends but despite due and diligent search the Applicant could not find out his whereabouts. Applicant has stated in her Additional Affidavit that, her son Sukhinder Kapur had been ill treating his father and never had taken care of the deceased and herself as parents. It is further stated that, her son has been living

: 2 :

away from them since his marriage and he had never invited them to his house on any occasion. It is further stated that, Sukhinder Kapur is very much in Mumbai but she does not know the exact location and therefore, sought substituted service of citation. The Applicant, therefore, requested to permit her to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Hamara Mahanagar" in vernacular language i.e. Hindi, widely circulated in Mumbai.

4.

Heard. Ld. Advocate for the Applicant submits that, the parents of the deceased predeceased the deceased. She further submits that, whereabouts of Sukhinder Kapur, son of the deceased is not known as he is not in contact with any of the family members and the Applicant had searched for his whereabouts from the neighbours and the family friends but despite due and diligent search the Applicant could not find out his whereabouts. She further submits that, her son Sukhinder Kapur had been ill-treating his father and never had taken care of the deceased and herself as parents. She further submits that, her son has been living away from them since his marriage and he had never invited them to his house on any occasion. It is further stated that, Sukhinder Kapur is very much in Mumbai but she does not know the exact location and therefore, sought substituted service of citation. She, therefore, prays that, the Chamber Order be allowed.

5.

Perused para 8 of the Petition. For the reasons mentioned in the affidavit in support the Chamber Order is allowed. Applicant to publish the citation in two newspapers viz. "Free Press Journal" in English Language and in "Hamara Mahanagar" in vernacular language i.e. Hindi, widely circulated in Mumbai, by way of

: 3 :

substituted service of citation upon Sukhinder Kapur, son of the deceased within four weeks from the date of uploading this Order. Applicant to file the affidavit of publication once the citation is published within two weeks thereafter.

6.

Registry is directed to issue fresh citation, if required. 08.06.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk