IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1653 of 2006 NEERAJ KUMAR Versus KUMARI JYOTSANA ----------- 2 11/8/2008 Heard counsel for the petitioner. In the opinion of this Court the court below should not have allowed to trivial matter to travel in this Court. The responsibility of the petitioner, who is applicant in Matrimonial Suit No. 49 of 2005/118 of 2006 to get the notice served on the wife, opposite party having been discharged by him by specifically being a plea that the wife was staying at village Bindidih P.S. Silaw, District Nalanda, the court below ought to have taken steps for service of notice on that address. In the event notice could not have been served on the aforesaid address, the law could have taken its own course. That having not done, this Court would not allow the order dated 18.2.2006 and 26.7.2006 passed in Matrimonial Case No. 49 of 2005/118 of 2006 to stand and accordingly they are hereby set aside with a direction to the Principal Judge, Family Court, Nawadah to now get the notice served on the opposite party both under ordinary process and registered cover on the address of her Naihar as indicated above. This application is accordingly allowed. ( Mihir Kumar Jha, J. ) Abhay Kumar