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1990 DIGILAW 142 (DEL)

PUNIT CHAND BHASIN v. SUNITA

1990-05-03

MOHINDER NARAIN

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Mohinder Narain ( 1 ) THE impugned order, in this petition u/art. 227 of the Constitution of India, has been passed after hearing the counsel for the parents of the wife in a matrimonial matter. ( 2 ) THE only parties which can be heard in a matrimonial matter are the husband or the wife or the co-respondent. Matrimonial Jurisdiction of Courts is a special jurisdiction, which is controlled by, in the instant case, the Hindu Marriage Act. ( 3 ) THE court below has erred in entertaining any contention which is purported to have been raised by the parents of the respondent wife. ( 4 ) THE application u/order 5 Rule 20, C. P. C. is an innocuous application. It was for substituted service on the respondent. In the facts of the instant case, it should have been allowed without anything more. As the respondent has not been served in the ordinary way, it is fit and proper that service on the respondent be effected by publication. Petition allowed.