Dear Experts, your legal opinion is required in following case:
Wife gets Ex-parte decree of divorce u/s 13 HMA-1955 on 25-10-2017 from the court of Hon’ble Principal Judge, Family Court. Husband filed Recall petition u/s Order 9 Rule 13 CPC on 01-11-2017 for set-aside ex-parte decree. Summons issued twice but unfortunately returned back with the remark on Envelop that addressee (wife) is not residing at the address mentioned. It was the same address as mentioned in her divorce petition (decreed on 25-10-2017), DV petition (Withdrawn by her on 10-10-2017) and FIR complaint which is still pending before Magistrate court. My questions are as follows :
1). whether wife’s parents living in the same address are legally bounded to take summons.
2). whether husband (in-person) is authorized to deliver the summons to the wife’s parents? If yes, under which section and what type of application is to be filed before Hon’ble Court?
3). Whether husband (in-person) is authorized to deliver the summons to the Chairman of the Institute where wife is employed as teacher? If yes, what type of application is to be filed before Hon’ble Court?
3). what other measures can be taken to ensure delivery of summons over wife except publishing in the newspaper.
Urgent reply needed.
Regards to all.
DVK
