Divorce
drkanchan
(Querist) 23 May 2014
This query is : Resolved
this is regarding my sister in law,
since 9 months, she lives with us (her elder sister and myself) provided my wife having No father),
1. she had filed divorce case from here(gujarat), her husband lives in J & K. the court had send RPAD to him directly. which he did not received, he is trying to prolong the case. if he disagree to receive the letter what are the options left for us??
2.In the mean time her husband is trying to call her repeatedly, which she did not picked on advice of our lawyers, they told us to pick the phone when he calls me or my wife.
How this can be resolved soon? Should me to call him directly, will be advisable??
adv. rajeev ( rajoo )
(Expert) 23 May 2014
If he refused to receive the court notice then he will be placed an ex-parte and in his absence case will be decided.
drkanchan
(Querist) 23 May 2014
thank you advocate rajeev sir what a quick response,
now our query is
the summon had been sent to him on may 2nd through RPAD, till now there is no sign of receiving. our date to appear in court is july 14th... in the mean time is it possible to get ex-parte on the basis of not receiving the summon?? or will we have to wait till 14th of july??
what is the rule of law about ex-parte???
In the mean time her husband is trying to call her repeatedly, which she did not picked on advice of our lawyers, they told us to pick the phone when he calls me or my wife.
How this can be resolved soon? Should me to call him directly, will be advisable??
Devajyoti Barman
(Expert) 23 May 2014
1. Send the summons through speed post so that you can track the delivery status.
2.The wife should take calls of the husband.
3. If the service is incomplete then ask for substituted service through paper publication.
drkanchan
(Querist) 23 May 2014
our query is almost resolved ......thanks experts(advocate Rajeev and Advocate Devajyoti),
Devajyoti Berman sir, kindly explain what is the meaning of substituted service through paper publication? kindly explain in the perspective of our case, How we should proceed at this point of time? thanks in anticipation...
Devajyoti Barman
(Expert) 23 May 2014
ask your lawyer..he will make you understand what did I mean by this.
drkanchan
(Querist) 23 May 2014
thank you sir.
ajay sethi
(Expert) 24 May 2014
substituted service by publications means summons are published in 2 local newspapers as per court orders
drkanchan
(Querist) 26 May 2014
thank you experts
adv. Ajay sir...thanks
ajay sethi
(Expert) 26 May 2014
thanks for your appreciation
Raj Kumar Makkad
(Expert) 26 May 2014
Publication in the single news-paper shall suffice. There is no requirement of the publication in 2 news-papers.
T. Kalaiselvan, Advocate
(Expert) 26 June 2014
If the next hearing was posted to Jul14th, you may have to wait until that date to know if the summons were duly served upon him or not and if served, whether he is appearing or not, or whether the summons were refused by him?, the next step to serve the summons or other course of action will be known only after the next date of hearing, i.e., 14th July
