Consequence of not accepting divorce notice

Dear Divvya,

What do you mean by  " Non Acceptance " ....?

Did you "refuse" to accept the notice...?

If it is your representation to both the authorities on their approach to serve notice.......then it will be considerd as " Notice Served on You".   .............................and on the said date of appearance court can pass an "Exparte Order " in favour of wife.

Dear Divya

Not accepted means in other words its a refusal and as per the procedure once a party delibrately refuse to accept it then it deems to be served and case proceedings will be taken up and pass an exparte orders in your absence. It is better to approach the court and fight for the real cause intead of refusing it which leads to prove your guilty bcz you were not accepting the mere notice.

M.Mazharuddin

Advocate.

"Wanted to know the proceedings which are taken for non-acceptance of divorce notice both by court & police? Can they force an individual to sign on accepting the notice?  Please guide."

non-acceptance of divorce notice both by court & police -

please note the following

1) Court send the divorce notice, not police.

2) it is optional, to accept notice, or refused it, or do not accept with sign. As the divorse matter is a civil proceedings, you have every right to accept it or refuse to accept. it is your personal liberty under art 21 of the constitution of india.

3) If you delibareately refuse the notice, & do not attend the court, the case will be ex-party, and you will loose your right to keep your side at court. but it is not a matter to arrest one u/s 498a.

4) have you granted the bail? if yes, ask the court for chargesheet; if no, ask by RTI the reason of detention. might be that the police staff has accepted the bribe to haras you.

you confirm by posting your position. accordingly next advice will be given.

do not worry, if police staff did wrong with you then they should be punished.

it is always prefareble to attend the couurt. even if you are unable to attend the court in want of money, at least write the court about your position. they will arrenge something for your representation.

If the notices were sent thru., the court  and you have accepted it then you will be placed as an ex-parte and case will be decided against you.

If you are in non receipt of the notice sent by the court, the court can resend the summons based on the non acceptance reason of the said notice. If you refuse to accept the notice, it means, you do not want to go to court, so that proceedings may move further long. But after two or three notices, court will have "EX Parte" order in favour of the complainant, accepting the fact that all the allegations made against you in the complaint were correct. Later, you will be asked to pay for the maintenance of your wife (if she is unemployed) and children (if you have any). All the 'gifts' paid/given to you at the time of marriage by the complainant may needed to give back and 498 An may also follow. So better to attend the court. Regards