Issuing summons
Mythri
(Querist) 22 October 2013
This query is : Resolved
A summons for divorce has been issued to the accused one and half year back to his native address where his parents are residing as he is stays in abroad but till today its status is awaiting. The next step as beta tom tom was taken and no reply for that also till date whether it has been done or not. Four month back after tracing his abroad address a notice has sent through court to abroad address but that notice status also says awaiting. May anyone put some light what might be the reason as my lawyers say to just wait and am annoyed is this is how the system works? Will it take so long to just to issue a notice? where is justice? What further steps we are supposed to take if divorce notice is not served at all?
V R SHROFF
(Expert) 22 October 2013
Plan a little differently.
Apply Domestic Violence First. Record with Protection Officer of ur district. file case in court. Also file u/s 125 cr p c for mtn & 498A .
In Result, his relatives will be compelled to bring him/ passport can be seized by court,
Divorce is a Civil matter, So no provision for Warrant/ criminal liability.
In 498A he is bound to appear , can be arrested with his family & serve him Divorce notice at that time with interim mtn u/s 24 , hence u can get justice fast.
Mythri
(Querist) 22 October 2013
He left us 4yrs back(2010) and sent a mutual divorce notice from lawyer in 2012, i didnt accept for his terms as i was waiting for him to come back and chose to take divorce by contesting(as my lawyer suggested at that time as it was 2yrs over, i cant file on domestic violence) as at least to teach him a lesson and make him realize its not easy to escape with cunning intentions and deceiving me and my daughter after 12 yrs of marriage in spite he was hardly with us(only 2yrs, rest he was alone in abroad stating to fulfill his ambitions). As soon as he came to know that we are going to file a case, he went back to abroad and has applied divorce there as he got a citizenship there and few days back i received a letter from that country court that he got decree of divorce there. I felt helpless at that point about the system in India,as its been 2 yrs over just to serve the notice and still there is no sign.. what am getting is just dates from the court... more than a query, i am just expressing my helplessness feeling in this forum regarding the system.
ajay sethi
(Expert) 22 October 2013
you must have been served with notice when your husband filed for divorce in USA . if you have not participated in those proceedings you can challenge the decree of divorce granted by US courts . what were the grounds on which divorce was granted . ?
you could have filed DV case in india against your husband
Thyagarajan
(Expert) 22 October 2013
You are aware about judicial system in India. So you have to reconcile yourself for delay in disposal of your case.You need not feel helpless as a case is in court and your lawyer is following it up.
Expert Mr.Sethi had given a very strong point to put before the court in India. Get to know the circumstances under which U.S Court gave decree of diverse.
Unless other wise it is ex-party Judges do not dispose the case hearing one party version only.
Rajendra K Goyal
(Expert) 22 October 2013
In most of the US states the divorce is no fault, if one party approach the divorce is awarded which may be without any reason. As you did not attended the court, the circumstances and decree of the court need to be seen how the exparty procedure was dealt. Moreover, in most of the US states equitable division of property is adopted. How the property was divided in the decree that factor also need to be seen. What about the property of husband awarded to you in the decree of divorce in US need to be seen.
You may proceed with the Indian cases as well and also should proceed as advised by expert V R SHROFF ji.
P. Venu
(Expert) 25 October 2013
Is it professional to advise institutution criminal proceedings under DV Act and under 498A IPC as a matter of routine just to serve summons in the divorce proceedings?
Solutions or suggestions, if any, has to be within the confines of Civil proceedings.
Sarvesh Kumar Sharma Advocate
(Expert) 22 October 2013
