Mandeep Kaur vs State Of Punjab And Others on 10 May, 2021
In the case of Ranbir Singh vs. Satinder Kaur Mann
(supra), the parents were in Malaysia and the father knew that the mother
had left Malaysia for India but he had intentionally mentioned her
Malaysian address in the divorce proceedings initiated by him in
Malaysia. The mother who was not aware of the proceedings did not
appear and the father obtained an ex parte decree for the custody of the
child. In the instant case, although the Australian address of the
respondent No.4 had been mentioned but a perusal of the record indicates
that respondent No.4 had not only engaged a counsel to defend himself
but he had also himself put in appearance. The order of the Australian
Court does indicate his presence. The petitioner has also placed on record
a copy of the correspondence between respondent No.4 and his lawyer at
Annexure P-18. The respondent No.4 was, thus, aware of the proceedings.
He had participated therein and only at a later stage, he chose not to
participate. Thus, it cannot be said that the order was passed by the
Australian court behind the back of respondent No.4 or was not in
conformity with the principles of natural justice.