Divorce
subramaniam
(Querist) 30 April 2014
This query is : Resolved
Dear sirs,
The wife is insane person before marriage, but her parents conceal the matter.
Now Husband apply for divorce.
Court appoint his father as Guardian as per section 32 R 15
But Guardian is refused to receive notices in all the modes.
Court cannot pass a exparte order against the insane person.
If court guardian appoint then what will happen.
Or any other suggestions.
Please advice me...
Devajyoti Barman
(Expert) 30 April 2014
The court can allow substituted service.
Once it is done then court can appoint guardian by ex parte order.
Rajeev Kumar
(Expert) 30 April 2014
I agree with Barman sir.
T. Kalaiselvan, Advocate
(Expert) 01 May 2014
Yes after exhausting all the possible sources to serve summon, the court will decide about the next course of action on the basis of further steps filed by the petitioner.
Dr J C Vashista
(Expert) 01 May 2014
Very well advised by the experts, I agree and appreciate their opinion. Now you should proceed accordinlgy
subramaniam
(Querist) 01 May 2014
Thanks my dear learned seniors,
How established whether the respondent wife is insane or not before the court, without her appearance.
Thanks, Sir,
subramaniam
(Querist) 01 May 2014
Dear sir, I am also a advocate sir, I am unable to get any authority in this regard hence i expect help from our community.
Kiran Kumar
(Expert) 01 May 2014
proving her insane would be a matter of evidence.
the medical evidence has to be there to confirm her mental instability.
u may move an application for constitution of medical board or for detailed examination of the wife from a doctor practicing in concerned field.
T. Kalaiselvan, Advocate
(Expert) 03 May 2014
Yes, the suggestions made by expert Mr. Kiran Kumar for further actions in this regard will be of immense use, you may follow it.
Anand Bali Adv.
(Expert) 11 May 2014
Dear friend,
You can file an application for the substituted service of the summons by the way of the publication either on the notice board of the court or by publishing it in the newspaper having circulation in that area of the respondent. Under Ord 5 Rule 17 19 & 20 CPC.
For further legal assistance on nominal charges, you can contact undersigned on below given phone number.
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