Divorced
jagdish
(Querist) 23 December 2011
This query is : Resolved
DEAR EXPERTS,
I HAD APPLIED DIVORCED CASE IN COURT, ONE DATE ALREADY PASSED IN COURT.BUT FROM THERE END NO ONE APPEAR IN COURT, NOTICE REPORT PRESENTED IN COURT AND AS PER FOLLOWS " RESPODENT FATHER WAS PRSENT AT THE TIME NOTICE SERVED IN THERE HOME,HE TOLD THAT RESPONDENT NOT IN HOME & THERE IS NO TIME FOR HER COME RETURN BACK IN HOME" & THE REPORT WAS UNSERVED.
PLEASE CONFIRM IF THEY DO NOT APPEAR IN COURT, THE COURT WILL ISSUE ME EXPART DIVOCED & THERE IS ANY LEGAL PROBLEM IN FUTURE FROM HER IF I REMARRY WITH OTHER GIRL IN FUTURE WITH THIS EXPARTE DIVORCED.
PLS ADVISE.
Raj Kumar Makkad
(Expert) 23 December 2011
Mr. Jagdish! You seem in very very hurry position. You have just filed a case and are planning and asking for the questions which shall come before you after one year or above than that period.
As the respondent has not been personally served, fresh notice shall be issued and if again not served, again shall be sent and even mode of RC, Munadi and publication shall be applied and even then if she do not appear then court shall proceed her ex-parte. Then also you have to lead your evidence and have to convince the court that sufficient grounds are available on file to accept your petition then only a decree shall be passed in your favour.
You shall have to wait for the period of appeal even thereafter and after expiry of appeal period, you can re-marry but still she may come in the picture which shall have to be tackled by way of legal ways.
Shonee Kapoor
(Expert) 24 December 2011
Be patient.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 24 December 2011
The summons have returned unserved.Pray for issuing by registry.
Devajyoti Barman
(Expert) 29 December 2011
If the court is satisfied by the service opf summons then it may proceed ex parte and pass decision it thinks fit.
Thereafter the petitioner has bar to marry again.
