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Judgment
Mr. Mohapatra, learned advocate appears on behalf of appellant-husband. His client is aggrieved by order dated 19th July, 2023 made by the family Court rejecting the civil proceeding under Rule-10 in order-VII Code of Civil Procedure, 1908. He submits, the marriage was solemnized in Parjanga, Dhenkanal, which comes within local limits of revenue sub-division of Dhenkanal, over which family Court, Dhenkanal exercises jurisdiction under section 7 in Family Courts Act, 1984.
He hands up notification dated 7th November, 2013 issued by the Government of Odisha, Law Department to submit, entry 8 is family Court, Dhenkanal providing for local limits of its jurisdiction to be revenue sub-division of Dhenkanal.
We by our orders dated 2nd January, 2024 and 9th February, 2024 made directions including requiring the postal authority to serve on respondent-wife, to record by the later order that the situation must be accepted to be good service on her. She goes unrepresented.
Perused impugned order, section 19 in Hindu Marriage Act, 1955 and said notification dated 7th November, 2013. Solemnization of the marriage, regarding which proceeding is instituted in the family Court is an incident giving jurisdiction under the Act of 1955 to the family Court under the Act of 1984. Here, the marriage was solemnized at a place within the local limits of jurisdiction of revenue sub-division of Dhenkanal. In the circumstances, impugned order cannot be sustained.
Impugned order is set aside. The family Court is directed to proceed with the case in accordance with law.
The appeal is disposed of. Registry is directed to communicate our order to the family Court.
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