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Narendra   13 February 2019

Court asked me to produce original address summons returned

Court asked me to Produce Original Address  summons returned back without serve  to wife address and parent Address.

Dear sir,

First i send a legal Notice to wife thorough lawyer From Bangalore.

To his current residence address and Parent Permanent Address.

Both Address Legal Notice was delivered.

 

There after field RCR In Gurgaon Court. In RCR case Court send Notice to his both address.

Current residence and parent permanent Address.

Registered notice issued to the respondent current address not received back.

Registered notice at the parent address has been received back undelivered.

There after she has ordered to be summoned by way of publication in the newspaper “Statesman”

Respondent already exparate.

My RCR Petition was failed and dismissed with costs, Respondent already exparate.

In Decree later written "Claim for Dissolution of marriage between the parties by a decree of

Divorce in the favour of petitioner and against the respondent.

 

After one year of RCR disposal, I have filed a divorce case in family court Bangalore.

In divorce Case court has Send a notice to wife Current residence and parent permanent address.

Both the Notice was returned without serve.

Registered notice issued to the respondent current address returned back, as she left back 15monts back that apartment.

Registered notice at the parent address has been returned back without serve.

Zone 3B is very large area the road no is not in the copy of notice and the application.

 

Now Court asked me to Produce Original Address.

The Original address is same as that notice sent by court there is no any change in both the address.

Since 5 years there is no any talk with wife and any family members so at present where she moved back is not known to me.

Request you all to kindly advice me what legal steps should be taken by me.



Learning

 11 Replies

Suhail suhail (LAWYER)     13 February 2019

If you don't have the fresh location you can seek order from court for publication in daily popular news paper.

 

Narendra   13 February 2019

1.  You please explain why your RCR failed and why costs were levied.

My Comments}

a.RCR failed because of  petation filed by lawyer  was not explained propererly  issues happend between us to the court with all avilable evidance  . For the court petation was  looking  "uncorborated version of the petation " and it can not form  to issue the RCR against the respondent.

b.Court does not find any reason to acccept the argumnet that the respondent left the matrimonial home without sufficent case.

2.  Are you sure notice was served of divorce by court or by advocate? (court already has the address as per you, then again it cannot ask original address).

My Comments }

Divorce Notice was not serverd and returned back from both the address with these message. 1.Registered notice issued to the respondent current address returned back, as she left back 15 monts back that apartment. 2.Registered notice at the parent address has been returned back without serve. as Zone 3B area is very large area the road number is not in the copy of notice and the application.

My Questtion is why you asked to explain the  RCR  failed reason, RCR petation was field in Gurgaon Court . and Divorce Case petation is field in Bangalore Court and both the case Hindu marrage acts are different .

In Divorce Case only Court asked me to produce the Original Address not in RCR Case .kindly advice me what legal steps should be taken by me.


 



 

Narendra   13 February 2019

 Puplication  cost is expensive to me, i do not want to take again order of publication  in  Divorce Case also.

I tried from my side to get the respondent updated address by Sending a mail to the respondent working Offical mail Id  and there whatsapp number but she did not respondend to my mail to provide there current Address.

I also field RTI to the respondent  organisation to get the address details as a Husband of Respondent  but RTI has denied me to provide respondent Personal Datails and current Address to provide me. RTI is saying that can not provide details to the 3rd party.

Please kindly suggest me what  legal steps should be taken by me other than publication.

 

Narendra   14 February 2019

 I have a  copy of RPAD receipt ,I dont know where it is written the RPAD number. in the Card written R.P-54  and with hand written number is xi 5042|18   4|7 

Please Can you tell me how many digits  having the RPAD number , I also having the track Consignment  number from both the address. .

Suhail suhail (LAWYER)     14 February 2019

Your problem is non service of summons, and until the court is not satisfied that the services are complete you cannot proceed further .

Without wasting your time get the notice published in the news paper even though expensive or keep wandering in debates.

Suhail suhail (LAWYER)     14 February 2019

Your problem is non service of summons, and until the court is not satisfied that the services are complete you cannot proceed further .

Without wasting your time get the notice published in the news paper even though expensive or keep wandering in debates.

Suhail suhail (LAWYER)     14 February 2019

Your problem is non service of summons, and until the court is not satisfied that the services are complete you cannot proceed further .

Without wasting your time get the notice published in the news paper even though expensive or keep wandering in debates.

Suhail suhail (LAWYER)     14 February 2019

Your problem is non service of summons, and until the court is not satisfied that the services are complete you cannot proceed further .

Without wasting your time get the notice published in the news paper even though expensive or keep wandering in debates.

Narendra   14 February 2019

Following is the Status Of Notice Send to Respondent on both address and now court asked me to submit origional Address.

 Parent address -------------------------------

1>Notice sent by registered post on Parent address 

Over Envelope  written message ->  With This Name person is not staying on this address due to that returned.

1.1>Notice Sent by order of the court through Local Court.on Parent address .

ACK Note written -Today on date xx.xxx.2018, on the day time 11.00 pm, the notice was written on the day of the arrival of the man on his inquiry and inquired from the person staying in xxxxx Nagar Zone Nos. 3B. None of the person told about the Respondent party Name  xxxxx. Sir xxxx Nagar Zone 3B is very large area the road no is not in the copy of notice and the application. Thus notice was returned without serve the notice, and as a court papers no person as corrected the notice as witness on the petition The above report is true.

wife address-------------------------------------------

2>Notice sent by registered post on wife address.

Over Envelope  written message -  Address Moved

2.1>Notice Sent by order of the court through Local Court on Wife Address.

ACK Note written -on Date xx-xx-xxx i went as per the address given in the notice and after not finding the person named in the notice i asked the member of xxxxxx Apartment about the Person . The member wrote under his seal and signature that the person in the notice has left approximately 15 months back. so this notice not be served and returned to the court this is true to the best of my knowledge.

In this situation i like to Know that ,what legal steps and documnets , application shuld be  submited to the court to get the ex-parte As Soon As Possible please kindly guide me .

 

 

Suhail suhail (LAWYER)     14 February 2019

Yes my friend that is abvious only because of that the proceedings are heldup.

Just make the service complete,,,that is important even formally

Nilofer N. Ghani   14 February 2019

Originally posted by : Narendra
Court asked me to Produce Original Address  summons returned back without serve  to wife address and parent Address.

Dear sir,

First i send a legal Notice to wife thorough lawyer From Bangalore.

To his current residence address and Parent Permanent Address.

Both Address Legal Notice was delivered.

 

There after field RCR In Gurgaon Court. In RCR case Court send Notice to his both address.

Current residence and parent permanent Address.

Registered notice issued to the respondent current address not received back.

Registered notice at the parent address has been received back undelivered.

There after she has ordered to be summoned by way of publication in the newspaper “Statesman”

Respondent already exparate.

My RCR Petition was failed and dismissed with costs, Respondent already exparate.

In Decree later written "Claim for Dissolution of marriage between the parties by a decree of

Divorce in the favour of petitioner and against the respondent.

 

After one year of RCR disposal, I have filed a divorce case in family court Bangalore.

In divorce Case court has Send a notice to wife Current residence and parent permanent address.

Both the Notice was returned without serve.

Registered notice issued to the respondent current address returned back, as she left back 15monts back that apartment.

Registered notice at the parent address has been returned back without serve.

Zone 3B is very large area the road no is not in the copy of notice and the application.

 

Now Court asked me to Produce Original Address.

The Original address is same as that notice sent by court there is no any change in both the address.

Since 5 years there is no any talk with wife and any family members so at present where she moved back is not known to me.

Request you all to kindly advice me what legal steps should be taken by me.

Explining highhandedness of judge, write complaint to registrar vigilance high court of your state.


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