FighTToTheT (Others) 23 November 2019

Contested divorce: 2nd respondent not accepting summons

My wife along with her office male colleague had filed 498A, 506 against me few years back. I got the contested acquital early last year - 2018. After winning the case, I filed for contested divorce on grounds of adultery (wife + her office male colleague) and cruelty. RP1(wife) accepted the summons and is now coming to family court. RP2 (wife's office male colleague) hasnt received the summons and is not showing up in court while judge continues to issue date every two months. RP1 (wife) hasnt filed the objection or claims yet. It has been almost 18 months and case hasnt moved much.

Question:
1. How do I ensure that RP2 (adulterer) shows up in court for this divoce case and ensure that he doesnt get dropped. What steps can I take

2. Five yrs back after filing 498a, my wife operated our joint bank locker that same day. Should I put in a request to court to open the joint locker and file criminal robbery case against both of them if valuables are missing from the locker OR should I continue to wait to open the locker.

Please suggest. Thank you in advance...

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2 Replies

Dr J C Vashista (Advocate) 24 November 2019

Notice/ Summons for divorce case has already been served upon the respondent, it is the choice/ option / decision of the respondent to appear / contest / defend the case or not. The Court shall proceed ex-parte, if the respondent did turn up/ attend the proceeding.

You have already engaged an able, competent and intelligent lawyer to proceed your case and is well aware about the facts and circumstances of the case(s), what is his/her advise, follow the same without waiting for obligation of experts on this platform who shall form an opinion on the basis of limited facts posted by you.

However, if you feel strong for a second opinion it is advisable to consult another local prudent lawyer for better appreciation of facts/documents, guidance and proceeding.

If you are located in Delhi and feel so, may contact me (on appointment) with relevant case file at: Chamber no 647, Dwarka Courts, Sector 10, Dwaraka, New Delhi-75 Cell # 9891152939 email: majjagdish@yahoo.com or visit: vakil-saab.com

Real Soul.... (LEGAL) 24 November 2019

You have made a stranger party to your Divorce petition and he is not boud to come and that will delay your genuine case. You were suppoused to file divorce against your wife and call him as witness. Now until summons are not served you keep following dates.

Regarding the joint locker if that was joint how your wife would alone operate that,it appears you had granted some document as authorisation ;joint locker could be operated upon presence of bothe paerties. However if you have lsit of articles that were deposited in locker and bothe persons had signed the list then u can file for theft otherwise that will be aste of time if you failed to prove .