Summon deliver outside india nepal , deamed to be delever
Arun Kumar
(Querist) 22 March 2014
This query is : Resolved
hello all Experts
I want to discuss a case of divorce.
A marriage was occurred in 2008 .From 2010 they are separated by mutual understanding and made a mutual agreement on stamp paper .
After that they file a Mutual consent case in court 2010 . After that his wife Does not fight the case and she never present in court for proceeding the case .She said that She is not need to fight case because she is not live in India. She lives in Nepal.After some Hearing court dismiss the case because second party does not proceed the case.
Now Husband file a new case U/s 13(a).in 2013 . Court send summon Two times as prescribed time period of 5 months . But no Receipt is come back .
so now MY question , that why it should not considered that "SUMMON DEEMED TO BE DELVER " And how to proceed this case further .
ajay sethi
(Expert) 22 March 2014
you will have to make application for substituted service by publication in 2 local newspapers in nepal wherein your wife is residing .
Rajendra K Goyal
(Expert) 22 March 2014
Move application for substituted service by publication in news papers.