Baadal khurana (none) 31 March 2015
If one of the parties in contested divorce (case filed under section HMA 1955 (central) 13.) is NRI with residence address unknown,Can sending notice to POA holder of NRI spouse considered as serving summons ?
If summons is NOT legally served, how to proceed in contested divorce ?
If one of the parties remain absent from beginning, how soon judge can provide judgement in favor of party that is present and attending court dates ?
SAINATH DEVALLA (LEGAL CONSULTANT) 31 March 2015
How can one send notice through POA
Advocate Ravinder (Advocate/Attorney) 31 March 2015
There is no need to send summons to POA. It is enough if you send summons to wife. If she refuses to take the summons, the husband side Advocate should request the court to publish the summons in daily newspaper. Even after publishing the summons, the wife does not visit the court, she will be set exparte and the relief prayed by the husband will be granted in her absence.
T. Kalaiselvan, Advocate (Advocate) 03 April 2015
Summons or notice cannot be sent to POA agent. The case is between parties and not between a party and the POA agent. First of all summons to be served on the last known address, if returned undelivered, steps to be taken to serve summons through substituted service of summons viz., publication through local newspaper etc. Contact your lawyer who will be able to guide your properly further on the issue.
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