Shravan 21 June 2016

Family court summons rpad

Dear All,

We were married for four years ago in india and living in italy. My wife left me 8 months ago and filed a DV case against me and my parents in the court of Nagpur. I have appointed a lawyer and the case is being pursued. After another 4 months she filed a divorce application and sent me the summons via RPAD to my office (in italy). The post was received at the office by an unknown person but was NOT delivered to me. Now her lawyers are requesting the court to pass an ex parte order.

My lawyer suggests that I ask him to pursue the case on behalf of me. But this amounts to receipt of summons, which is not true.

How can I fight the case without getting the summons?

I am not in agreement for a divorce, but my wife is in a hurry. How can I fight the case?

Your valuable advice is highly appreciated.

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6 Replies

(Guest)

U can check the status and dates of the case online... Mrever as u said ur wife has already filed a case under dv ... Mssge me if u need solution

P. Venu (Advocate) 22 June 2016

Any how, you are aware of the proceedings. It is better that the issues are met on merits.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 22 June 2016

even other wise once divorce case has been filed you will have to attend court for recording your evidence and to cross examine you on allegations made in divorce petition .

 however for purpose of recording evidence your  presence would be necessary . in addition for her cross examination it would be necessary for you to appear to furnish instructions to your advocate

A.Radha Sampath (Advocate) 22 June 2016

You have come to know about the divorce petition. Knowledge is sufficient, and if you don't act upon it, it amounts to acceptance and she will be granted an exparte order. Instruct your lawyer to seek permission for you to attend at a later date as you are staying abroad and let a lond date be taken.

Shravan 23 June 2016

My sincere thanks to the advices above.

The knowledge about the family court proceedings was given to me by my lawyer who is handling the DV case. I have not appointed any lawyer for family court proceedings.

The interim maintainence and final compensation demands are astronomical amounts.

My question to the learned members is

On what basis is the summons deemed as served even though I am yet to receive it?

Is there any possibility of appealing against the above order in a higher court?

I wish to delay the proceeding and finally not in favour of divorce.