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prabhuguruk (service)     07 February 2010

non-receipt of notice of divorce petition

What is the option when notice for divorce is sent through court but the same is not taken by the respondent.  more than 3 attempts made but in all 3 cases the notice is not accepted and is coming back returned.

What is the remedy if the respondent purposely does not accept the court notice.  Whether it can be sent to the parents of the respondent .  The address is perfect but it looks to be a deliberate attempt to delay proceedings but not accepting the court notice.



Learning

 11 Replies

Alok Motan (Advocate)     07 February 2010

First of All u didnt write the reason or the report ...that why it is undelivered......if the report is wrong address/ incomplete address , you can move a fresh address application and can serve the notice on that new address.......else make an application for service of notice by hand or by any court staff....you can do it in your presence..............aftter these attempts your counsel can press for ex-parte orders..............[as far as my knowledge is concerned.......]

All the best

prabhuguruk (service)     07 February 2010

address is correct. reason respondent not available at the time of serving notice. whether notice can be served on parents who also reside at same address

Alok Motan (Advocate)     08 February 2010

yes notice can be served to her parents....but any male / elder member should recieve the notice....or you can get the service of notice done at any other address like her office address......etc....and ask ur lawyer to pray for ex-parte divorce decree if she had been given reasonable opportunities and reasonable time to appear and contest or to file her reply......

Alok Motan (Advocate)     08 February 2010

or you can go for alternative mode of service of notice.......under CPC.....again consult ur lawyer


(Guest)

first of all tell whether respondent is wife or hubby. if wife is respondent be ready to face dva and 498a. god bless u.try dasti summons on parents


(Guest)

first of all tell whether respondent is wife or hubby. if wife is respondent be ready to face dva and 498a. god bless u.try dasti summons on parents

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     08 February 2010

U can request to the Hon'ble Court for publication in Newspaper. For further queries u can contact me at 9871158578

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     10 February 2010

Donot worry, it happens. my respondent avoided notice about 2 years. after that on my request under cpc (sec could not remember - if you require send me pm) i applied before the court that notice delibarately avoiding by the respondent, the court publish the notice to the local newspaper thereafter notice received by respondent to avoid ex party. keep it mind that the notice will be published by a court officer against an order by the court. court will ordered against a petition of you, as mentioned above. you have to pay the cost of publiction and a small fees to court, and a seperate petition requesting the court under the cpc. do not allow your advocate to paper publish,- it has no legal value only wastage of money. after  three times of return the summons you have the right to get the matter ex party, pursue at court on the matter. if any difficulty faced contact me by pm or post your problem here.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     10 February 2010

please read 'on the point' instead of 'on the matter'.

Daksh (Student)     22 February 2010

Dear All, The Remedy is Order V Rule 20 Civil Procedure Code or Dasti. Best Regards Daksh

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     22 February 2010

Thanks Mr Daksh.

Order V rule 20 CPC.

Substituted service

(1) Where the Court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason the summons cannot be served in the ordinary way, the Court shall order the summons to be served by affixing a copy thereof in some conspicuous place in the Court-house, and also upon some conspicuous part of the house (if any) in which the defendant is known to have last resided or carried on business or personally worked for gain, or in such other manner as the Court thinks fit.

1 (lA) Where the Court acting under sub-rule (1) orders service by an advertisement in a newspaper, the newspaper shall be a daily newspaper circulating in the locality in which the defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain.

(2) Effect of substituted service—Service substituted by order of the Court shall be as effectual as if it had been made on the defendant personally.

(3) Where service substituted, time for appearance to be fixed where service is substituted by order of the Court, the Court shall fix such time for the appearance of the defendant as the case may require.


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