Service of summons
miss.munnowara f. pakajade
(Querist) 02 November 2012
This query is : Resolved
respected,
i am dealing with the hindu marriage petition. it's taking so long time as summons are not served on the respondent as she is changing frequently changing her residence. now she is living with her father.
now i have applied for summons service by affixing copy of summons on door. we got an addresss where her father has flat. it's on her father's name. i am planning to affix summons there. sometimes they come there.
whether court consider it as proper service?
whether court proceed further?
what will be the view of the court as the matter is for restitution of conjugal rights?
please send me any citation which upheld this type of service of summons.
thanking you!
Ms.Nirmala P.Rao
(Expert) 02 November 2012
Dear Client,
Inspite of your best diligence, the wife/defendant cannot BE FOUND OR EVADING SERVICE OF SUMMONS- THEN UNDER Rule 20 OF order V c.p.c YOU CAN COMPLY WITH SERVICE OF SUMMONS REQU8IREMENT BY TAKING COURT'S PERMISSION TO GET THE SUMMONS AFFIXED ON TH Court's DOOR IN WHICH THE HEARING IS TO TAKE PLACE AND ALSO on HER FATHER'S FLAT DOOR ALONG WITH A COPY OF THE SUMMONS TO HER FATHER OR m Mother, WHICH THE COURT WOULD CONSIDER DUE COMPLIANCE OF SERVICE OF SUMMONS REQUIREMENT.This is also called.This is also called substitute3d service. But the Court has to thoroughly apply its mind before issuing an order for substituted service after fully satisfying itself of defendant's evasive conduct etc.
Ms.Nirmala P.Rao
Legal Expert
Advocate Bhartesh goyal
(Expert) 03 November 2012
Yes you can move also an application in court u/o 5 r 20 0f cpc with affidavit that opposite party is intentionally avoiding service of summons so order be passed for service of summons through publication of summons in local newspaper where the opposite party resides.
