Finiya Thomas v. Stanly Mathews Chackala

Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date: 16th April, 2026 CALLED FOR HEARING AND FINAL DISPOSAL:

10. CHOL/ 244/2026 AMH20240001430C20260 ) ) ) Shri Abhijeet Mahadeokar, Advocate for the Applicant / Petitioner.

IN TP /4518/2025 P.C.

By this Chamber Order the Applicant seeks permission to serve the citation upon Mrs. Leena Louis, Second wife 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, in "Navbharat" in vernacular language i.e. Hindi, widely circulated in Mumbai.

3.

Perused the affidavit in support. The Applicant has stated in the affidavit that, the first wife of the deceased has expired on 23rd October 2009 and thereafter deceased got remarried to one Leena Louis on 17th June, 2015, but after six months she had deserted said deceased and said fact is also mentioned in the Will of the deceased. It is further stated that, the deceased had no children from his second married and during lifetime of the deceased, the deceased did not mention of the whereabouts of his second wife and Applicant is not contact with her and she is not aware of her whereabouts. The Applicant, therefore, requested to permit her to publish the citation in two newspapers viz. "Free Press Journal" in

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English Language, in "Navbharat" in vernacular language i.e. Hindi, widely circulated in Mumbai.

4.

Heard. Ld. Advocate for the Applicant submits that, the first wife of the deceased has expired on 23rd October 2009 and thereafter deceased got remarried to one Leena Louis on 17th June, 2015, but after six months she had deserted said deceased and said fact is also mentioned in the Will of the deceased. He further submits that, the deceased had no children from his second married and during lifetime of the deceased, the deceased did not mention of the whereabouts of his second wife and Applicant is not contact with her and the Applicant is not aware of her whereabouts. He further submits that, the Applicant had made diligent search for her but could not find out her whereabouts. He further submits that in addition to the above newspapers the Applicant will also publish the citation in newspaper i.e. in "Malayala Manorama" as the mother tongue of the deceased is Malayalam, widely circulated in Mumbai. He, 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 three newspapers viz. "Free Press Journal" in English Language, in "Navbharat" in vernacular language i.e. Hindi and in "Malayala Manorama" in vernacular language i.e. Malayalam, widely circulated in Mumbai, by way of substituted service of citation upon Mrs. Leena Louis, Second wife of the deceased within six weeks from the date of uploading this Order. Applicant to file the affidavit of publication once the citation is published within two weeks thereafter.

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6.

Registry is directed to issue fresh citation, if required. 16.04.2026 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master sbk