please advice what to do if other party is not appearing in court even after courts notice

Querist : Anonymous (Querist) 15 May 2011 This query is : Resolved
I was married 6yrs back. Her mental health was not disclosed at that time and she suffered from acute psychosis. Her behavior was never good with me and my family. We tried to get her treated in the initial stage at hospital but she refused to go to hospital. When i told her parents about her behavior towards me and my family her father threatened me that his younger brother is a lawyer and will put me behind the bar if i think of divorce and one and half year back she left my house and started staying with her parents and we are not in touch since than. Last year mid i filled for divorce in court under sec 13 (1) (ia) and 13 (1) (iii). After which she filled a case under 498a and 406. I could get anticipatory bail for my parents from High court however on returning her articles during interim bail as ordered by High court, my anticipatory bail was rejected. Presently i have got interim bail of 8 weeks from Supreme court and anticipatory bail may be granted after hearing both parties for which notification has been sent to other party. In divorce case first notice was returned to court stating that she is not at home. after which two more dates have gone but nobody from her side is appearing in the court. On 21 May 11 is the fourth hearing date. It is requested to advice what should be done if nobody appears in the court from her side and after how many hearings if other party doesn't turn up, ex-party decision of publication/fixation decision is given . Please advice in regard to ex-party decision/publication/fixation. I and my ailing parents have already suffered due to all this. Please advice

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adv. rajeev ( rajoo ) (Expert) 15 May 2011
If she failed to appear before the court on the date fixed for her appearance, then she will be placed as an ex-parte next stage will be your evidence.

M/s. Y-not legal services (Expert) 15 May 2011
Sending notice is not a matter. Serving that notice to the respondent is only important issue.. Whats the proof for served to her knowledge? I mean if you sent registered post with acknowledgement card mean you will get proof of delivery. By producing that before the court mean while next hearing court will set exparty. This is the way for get exparty..

M/s. Y-not legal services (Expert) 15 May 2011
Or if you sending continuous notice even no effect mean you may get order for paper publication for serving notice to her. If its effected by paper publication mean then she can't move any further days without appearing. Then court will set exparty automatically..

Guest (Expert) 15 May 2011
i agree with the experts.

Jitendar Kumar gupta (Expert) 15 May 2011
Move an application Under Order 5 rule 20 CP for publication of the respondent service .
J.K.Gupta Adv. New Delhi
guptajkin@gmail.com

Querist : Anonymous (Querist) 15 May 2011
Does the court serve notice by registered post? If yes, is acknowledgement attached with it? How can I know whether she is receiving the notice to appear in the court? Only first notice was returned back stating that she is not at home? This is more troublesome as her uncle is advising her to do all this, who happens to be a lawyer.
plz advice

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