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(Guest)

Summons refused by parents of girl

I do not know the current address of the wife. She has changed city and residence to avoid summons. I have sent summons to her parents home where she was residing till 1 year back. Her parents are refusing the summons and it is on record in service report.

But judge is not proceeding ex-parte and saying summons should pe served to her at her current address which I do not know.

Is judge right? Isn't refusal by relatives also considered deemed to served? As per CPC order 5 rule 15.



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 5 Replies

Anish Thakur 7018812737 (advocate)     12 July 2012

first of all you have not mentioned the case suit that why you had filed suit against your wife .

anyhow serve of summons is necessary in all cases whether crimininal or civil,exparte gone when summons are served and party is not appearing before the ld court ,you can serve her summons by medium of publication


(Guest)

Thanks Anish.

It is a civil suit. But my question is "Is Refusal by parents(living in separate home) to accept summons also considered deemed to be service or not "

Refusal is on record. Already summons served twice and refused both the times by parents. Now it has been orders to serve them again. What it they refuse again(which they will)?

As per order V rule 15.

[15. Where service may be on an adult member of defendant's family

 Where in a suit the defendant is absent from his residence at the time when the service of summons is sought to be effected on his at his residence and there is no likelihood of his being found at the residence within a reasonable time and he has no agent empowered to accept service of the summons on his behalf service may be made on any adult member of the family, whether male or female, who is residing with him.

 Explanation.—A servant is not a member of the family within the meaning of this rule.]

MohammedRaffiq Bijapur (Advocate)     12 July 2012

In civil case regarding service of summons Order 5 R 17 is very clear.

Since the parents are refusing to accept the summons then copy be affixed on the outer door of the house. Note the service officer has to verify the same by swearing to an affidavit.

1 Like

rajiv_lodha (zz)     12 July 2012

U have to send summons at the LAST KNOWN ADDRESS of hers. If court still says that summon delivery is due (even after her parents refusal), move next step.....PUBLICATION. Court will exhaust all process of summon delivery & then will proceed exparte. BEST OPTION AVAILABLE IS EXPEDITE THE PROCESS RATHER THAN CHALLENGING THE COURT AT THIS STAGE
2 Like

(Guest)

Produce application before court for Publication the summon for appearning  in the said court.


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