Reg divorce notice.
unknownabc
(Querist) 31 December 2012
This query is : Resolved
i am living in TamilNadu. My wife is living in Bangalore with my 9 years old son. We are not in touch for last 2.8 years.
My wife filed 206A against me and my mother when we were living together in bangalore. I got job in chennai .So I left bangalore (infact she forced me to vacate the house from where we stayed together).
Just 5 months back i applied for divorce in my hometown where we got married(TamilNadu).
Court sent divorce notice to the bangalore address 3 times. Its almost 3 hearing are over . She/her lawyer didnot appear in court. Even my lawyer sent a personal notice as per court order. but it got returned saying that no addressee found in that address.
She apporached my parents after getting/rejecting/seeing divorce notice.So i am sure she is living in same address.(my lawyer is saying postman is playing by getting money from my wife).
Now the status of my divorce case is "AWAIT". and the hearing is Jan 18th.
My lawyer is saying he will ask court to send the divorce notice to my wifes office address.I am not sure about the office address, still she is with same company etc...
I am sure one more notice and one more hearing. Nothing will happen.
Is my layer correct? Is he following the correct steps?.
What should be our next approach. Please advice me.
Divorce filed on cruelty and dessertion.
Devajyoti Barman
(Expert) 01 January 2013
Ask the court for substituted service by way of paper publication.
M V Gupta
(Expert) 01 January 2013
Yes. as advised by Shri Barman apply for substituted service by paper publication and affixing the notice on the door of her residence.
R.K Nanda
(Expert) 01 January 2013
no more to add.
JANAK RAJ VATSA
(Expert) 01 January 2013
hire a private detective agency in bangalore and get her photographs entering or coming out of the same house where she resides and produce in the court to say that the summons are being deliberately being avoided
ajay sethi
(Expert) 01 January 2013
well advised by experts . you can opt for substituted service and also hire a detective agency if you so desire to show that your wife is staying at same address
Raj Kumar Makkad
(Expert) 01 January 2013
The approach of your lawyer is correct. You should take Dasti summons and with the local court staff of banglore, should try personally to deliever the notice.
Adv Vikramsinh Mohite
(Expert) 03 January 2013
As advised by shri raj kumar makkad, you can yourself deliver summons with the help of the court bailiff at your wife's address. You can take summons, go to court at her address and ask the bailiff to deliver the summons.
Raj Kumar Makkad
(Expert) 03 January 2013
Thanks Mohite for seconding my opinion.
V R SHROFF
(Expert) 03 January 2013
I fully support Mr. Makkad's advise
