Non-acceptance of Court notice by wife in Divorce Case
PrnBCRBant
(Querist) 03 July 2009
This query is : Resolved
in One of my case against the wife for divorce matter, she has accepted the legal notice, while she was at London & after filing case for divorce, the successive notices send to her were not served upon her nor returned to the court. So can you please suggest alternative to serve the summons upon her or any other case laws for granting of divorce to husband without serving notice as the husband resides in India having poor background & cannot reach his wife at London, as she was sent to work over there but presently she is avoiding him too much & do not care to talk or call him also. Can you suggest any remedy for this. thanks in advance.
PALNITKAR V.V.
(Expert) 03 July 2009
If the case is not for divorce by mutual consent, the matter can proceed ex parte as the wife has failed to appear despite service of notice. In fact there was no need to sent fresh notice. The other remedy is to publish notice in the news paper having circulation in the locality where the wife resides. If she doesnt appear, the matter can be decided in her absence.
SANJAY DIXIT
(Expert) 03 July 2009
It is clear from your querry that you have sent summons of the divorce case many times and none of them returned back. How you may say that the summons are not served. There are provisions in Civil Procedure Code regarding the service of summons. When the summons are duly sent at correct addresses by registered post and not returned back in due course, the proper service will be presumed by the court and the case should be proceeded ex-parte.
Dr. Harrit Jani
(Expert) 03 July 2009
Yes shree Palnikar & Mr. Dixit are ofcourse perfect. but now a days I am finding such cases where the notices or summons are neither accepted nor returned to the court. The real thing is the delevery person whether the post man or the police officer of the concerned area, "I AM NOT BLAMING, BUT ITS A CRUNCH TRUTH" not delevering or returning the summons or notice. any way I want to clear that if she was at London how come she accepted the notice? here they are playing on the next board. Please send me the complete details. I would defenetly be healful to you. at present is she here in India?Is the Husband is here in India?
ofcourse we can fight on a deferant way.
drjani@arizonagroup.org
