section 9(13)
Ruchi arya
(Querist) 05 August 2011
This query is : Resolved
My client is belongs to gwalior his marriage is conducted in Ujjain where his husband was living with his family members.
Due to major family crises my client registered 498A case against his husband with his family members in may 2009 in ujjain and come back to her native palce i.e. Gwalior. In Gwalior she has been filed the divorce case, section 406 and section 125 case against her husband in may 2009.
But her husband is also file the section 9 case against her in july 2009 in Ujjain. But no information received by registered post. The notice published in news paper but that information is not noticed by us due to not read that news paper on that time.
My question is that, My client has been appeal under section 9(13) in ujjain against infromation of section 9 is not received by post but judge ordered that why you not informed when the information is published in news paper? Kindly suggest what can I do in this case and mention related ruling also? Can court cancel the appeal aginst news paper information?
M/s. Y-not legal services
(Expert) 06 August 2011
dear arya sir.. summons through paper publication is alternative services.. i think the husband may be tried to serve through post.. he should be failed unless the court will not order to effect the paper publication.. but NOT READING THE NEWS PAPERS ON THAT TIME is not a good grounds. as an advocate you should be knowldge about this sir..
M/s. Y-not legal services
(Expert) 06 August 2011
but i feel one thing, that husband may be played any vital role in this issue.. i mean he may be stated any fake address for service to wife.. just you check it, and defence your case.
