Court date & newspaper notifications

Originally posted by : Subhomoy Das
	I have posted my previous querries. I have filed divorce case against my wife in july 2016 u/s 13 ( i)  (a) (b) on ground of desertion. Summons and Notices have been sent to my wife parent house as well as her school adress ( where she is working now) . We got one son stays with wife.  Now 3 dates have been passed but my didnt appeared nor any of her lawyer / representative.She didnt filed any objection / application till date. Neither she have filed any complain or case against me at her parents house jurisdiction Police Stn or at Court. I didnt get any notice till date.  My lawyer have filed a petition with ref. to the my divorce case petition for advertisement in Daily newspaper ( Order 5 Rule 20 CCPA) so as to intimate my wife to get present. The hearing date have been fixed 9 may 2017. Now in the petition it is mentioned that if the court permits me to put up a notice in the newspaper  then i am liable to pay for the cost of notice in te newspaper. Q. My question is am i ( the petitioner) is liable to pay for the cost of notice in the newspaper. Will the court not pay for it ? What is the exact law for this ? Q. What will be the next process if wife doesnt appear by herself or by her lawyer even after the notices published in the newspaper. How much more time it will take ?   Please advice.

No more next procedure after giving paper notification. 

You need to bear the cost of printing the paper (in case you are fighting PIP) notification or your lawyer should (you should pay the cost to the lawyer).  If PIP, you need to pay the same fees in court office.

Thanks for your reply @ Helping Hand.  What does PIP means ?   

In case my wife doesnt appear on the given mentioned date in the newspaper or even after that she doesnt contest then what will happen ? what is the next procedure  ?  Is it for exparte proceedings ? How many hearings do normally takes place in exparte proceedings for the grant of decree of Divorce . 

Decree of Divorce by exparte are legally valid ???

***   Please note it that it is  not yet confirmed whether the summons and the other notices being served to my wife ( respondent ) as the Acknowledgement card due didnt came back to the Court neither the summons came back to the Court . 

Please advice.

Originally posted by : Subhomoy Das
	Thanks for your reply @ Helping Hand.  What does PIP means ?    In case my wife doesnt appear on the given mentioned date in the newspaper or even after that she doesnt contest then what will happen ? what is the next procedure  ?  Is it for exparte proceedings ? How many hearings do normally takes place in exparte proceedings for the grant of decree of Divorce .    Decree of Divorce by exparte are legally valid ???     ***   Please note it that it is  not yet confirmed whether the summons and the other notices being served to my wife ( respondent ) as the Acknowledgement card due didnt came back to the Court neither the summons came back to the Court .    Please advice.

How many days the court will take to proceed exparte depends on how  your lawyer pleads.  So this is astrological question.  After the pleadings if exparte orders are passed, such hold good only till the day your wife goes for appeal in High Court. Again what will happen in HC is astrological question.

If Acknowldegement has not come back, then the process is not yet over.  And court wont proceed anywhere further without it.  

Am sure you have paid fees to your advocate, all such questoins you can pose to your advocate.  Is it so that you become tongue tied in front of your advocate or are you testing his expertise?  I can make out that you are simply testing his expertise, dont do that.  When you have a advocate trust him  There is nothing that you can do by knowing/gaining knowledge of Laws unless you fight your own case.

@ Helping Hand.... Thanks for your reply. I am a common man and a sufferer of Matrimonial Life. So to get relief i have knocked the doors of the Court. Yes my lawyer is there. I dont have the capacity to test the expertise of my lawyer.  He is guiding me. But to get a second opinion i posted my querries on this forum. I have paid all my dues to my lawyer till date. 

If the summons or the A/D card have not came back to the court then what is the solution for that. Even if Wife doesnt appear or contest after the newspaper notification then what is the solution for that. I have knocked the Court to get relief & justice. Will the Court held me guilty & responsible if Wife doesnt appear or contest the case ?

Originally posted by : Subhomoy Das
	@ Helping Hand.... Thanks for your reply. I am a common man and a sufferer of Matrimonial Life. So to get relief i have knocked the doors of the Court. Yes my lawyer is there. I dont have the capacity to test the expertise of my lawyer.  He is guiding me. But to get a second opinion i posted my querries on this forum. I have paid all my dues to my lawyer till date.  If the summons or the A/D card have not came back to the court then what is the solution for that. Even if Wife doesnt appear or contest after the newspaper notification then what is the solution for that. I have knocked the Court to get relief & justice. Will the Court held me guilty & responsible if Wife doesnt appear or contest the case ?

Dear Advise Seeker: Be advised that second opinions are useful to only people who are fighting their cases on their own i.e. party in person and not those who already have a Advocate engaged, as no two lawyers will agree with each other’s opinion, if you already have a counsel, it’s always better that you put complete trust in him or her rather than crosschecking his or her knowledge of Law by taking second opinion elsewhere.  This is for the basic reason that Law is an ocean, there are many different laws for getting a single relief and so are the many different ways to handle a particular case.  Each Lawyer or Advocate has his or her own way of handling a case.  If anybody is taking advise on the forum from me, they are doing it at their own risk, be reminded that you need to cross check each advise provided by studying Law books..

Read more at: https://www.lawyersclubindia.com/profile.asp?member_id=84464

For your other questions of POD, you need to contact postman/Indian Postal service.  What will happen after that I cannot say, nor can anyone.  How your  advocate moves your case is totally depend on him.  You have to discuss these things in private in your advocates chamber.  Matrimonial dispute are a result of you not being able to ajdust with your partner, and nothing else.  To lead successful married life you need to have patience of tolerating your wife.  if not you need to have paitence to attend court dates, this also you dont seem to have?  Try to develop patience.  Join Art of living classes conducted by Sri Sri Sri.