Advice for serving divorce notice to respondent

Contact SAVE INDIAN FAMILY in your city.

If you cannot find your spouse, you must get permission from the court to publish a notice of the divorce in the newspaper and thereafter the matter can proceed exparte

Thanks Ram Mohan, I will get in tocuh with SIF.

Thanks Saravanan. My advocate has raised this point with judge but some how judge is not willing to do that. Respondent parents are using their influnce to control the justice hence not getting proper justice or directions.

Can you please suggest how to make respondent as exparte if absconded? Can Ministry of Law help to trace her in US?

Ministry of law has nothing to do with it. It is your advocate who can submit before the court to proceed further. After following propor legal procedure, still if the judge is reluctuant, you can file a writ in the High Court for disposal of the case.

How didn't you know the address, employer details of a lady whom you married to?? What you have been doing for so many years even after knowing about the extra-marital affair of your wife??? Your story could not get substantiated.

As per court directions the petitions has sent to Indian embassy at US, they have responded and mentioned that approach to Ministry of law to find the people who are living in aborad. Our advocate has prepared the letter and submitted in court but the process is very slow.

I have some evidences where she was committed her adultery though i have submitted still not taking any directions since undelivered the notice to respondent. In the petition incuded the 2nd reposnded to whom my wife had affair. That person had filed the waqalt 6month back through his lawyer but he never attended the court, however judege never raised any concerns on his appearance.

6yrs back she left from India never disclosed her identity so far, hence didn't know where she studied and working now, she and her parents completely hide her details. also don't know whether she got married someone else in US or not.

First 4yrs have tried to get mcd through elders but that was failed with many discussions, her parents played game, they don't want give divorce same time don't want to bring her back. finally got frustrated and filed divorce in court, however the process is still slow no one taking proper action though i have submitted the evidences.

Please suggest what should I do in this condition, shall i look for justice from our Indian legal system or leave it?

I think representation from your side has not properly done. The man has nothing to do with the Divorce petition. However, if you file a complaint, that man may be procecuted in adultery. Hire a good local advocate to handel the matter properly.

Ok Thanks! I will consult with other local advocates.

Let the court serve notice upon the Respondent wife at her last known address by Bailiff, if it returns unserved showing any reason whatsoever or whatever, don't worry. file an application for summery trial to render summery judgement.  If the court rejects that petition file Revision petition against that order. For such purpose you shall have to engage a Senior civil lawyer, Junior lawyer shall help his Leader only.

Recently Judge has declared for Paper publication as respondent intentionally avoiding to take notice. My advocate mentioned that on which paper the publication to be given that Judge will decide and will confirm in next hearing. 

If Judge declare to go for paper publication, can publish it now or it's mandate to wait until Judge decides the paper name. Please suggest because the next hearing is after 3 months if just to confirm the paper name really not require that much time. 

Shall we wait until next hearing or go ahead publish it before next hearing. Please suggest.

Until Ld. Judge decides the paper wait till then.

Dear Experts,

As I said Judge has declared to paper publications now respondent advocate came for one time settlement and mcd. my advocate also suggested go for this option instead of fighting for justice. During discussion has mentioned that they will not bring respondent from US but there is process to give authorization to father and do the process and get the divorce. also mentioned that i have already filed the divorce 2yrs agao that will convert into mcd and the divorce will issue in 1 month.

Asked me arrange the one time settlement amount, i have arranged and informed to initiate the next steps now they are saying,  we will need to file new pettion for mcd and it will take 6months process. however while filing the respondent father will appear not respondent. also asking me to withdraw the petition which i filed 2yrs agao and now in paper publication state. I am in confusion what to do now.

1. Shall I continue with paper publication and await for respondent to attended?

or withdraw my pettion and file a new mcd?

2. Is it possible without respondent (father will attended) getting mcd? 

3. Suppose after i withdrwan the petition, they are not ready to give mcd what will happen to my previous petition? can i request to re-consider?

Please give me some suggestion how i should proceed with this. 

Thanks

Dear Experts,

As I said Judge has declared to paper publications now respondent advocate came for one time settlement and mcd. my advocate also suggested go for this option instead of fighting for justice. During discussion has mentioned that they will not bring respondent from US but there is process to give authorization to father and do the process and get the divorce. also mentioned that i have already filed the divorce 2yrs agao that will convert into mcd and the divorce will issue in 1 month.

Asked me arrange the one time settlement amount, i have arranged and informed to initiate the next steps now they are saying,  we will need to file new pettion for mcd and it will take 6months process. however while filing the respondent father will appear not respondent. also asking me to withdraw the petition which i filed 2yrs agao and now in paper publication state. I am in confusion what to do now.

1. Shall I continue with paper publication and await for respondent to attended?

or withdraw my pettion and file a new mcd?

2. Is it possible without respondent (father will attended) getting mcd? 

3. Suppose after i withdrwan the petition, they are not ready to give mcd what will happen to my previous petition? can i request to re-consider?

Please give me some suggestion how i should proceed with this. 

Thanks

first both the spouse must be present at the time of filing mcd petition,first and second motion.so its not at all possible for the respondent parent to appear at any stage of mcd.

you cant convert the contested divorce petition.you need to wityhdraw it and file a fresh petition for mcd.if they back any time during first or second motion of mcd then your mcd case will be dismissed and you need to again file for contested divorce only

its better to stick with the contested divorce and let it proceed exparte.