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Srinivas (.)     25 April 2014

Lawyer telling come and collect divorce summons in court

Hi All,My wife filed Divorce and two divorce hearings completed and divorced filed under sec 13-1 ia,ib .next month I have third hearing.my lawyer told that will go to the expartee and I asked about notice.. my lawyer  told ur address is not correct that's why u didn't receive and u come and collect notice in the court

I have given correct address to my lawyer and also requested for soft copy but he is telling come to court and take notice and he is stopping notice to send address in the court .

Hearing Dates
 
      12-03-2014 NOTICE
      14-04-2014 NOTICE
      30-05-2014 NOTICE

1) Please advise u want me go collect notice or u want me wait?

2)Please advise how to proceed with this situation and how to collect the notice?

3)Is it possible to my wife or her lawyer do changes in divorce petition after registering divorce petition in the court? Please advise ..Thanks to all...



Learning

 15 Replies

Rishi (Junior lawyer)     25 April 2014

Well, go on the next date and receive the notice. Ur wife n her lawyer cannot change ur address.

Srinivas (.)     25 April 2014

Hi ,Thanks for quick advise,Please advise on below question.

Is it possible to my wife or her lawyer do changes in divorce petition after registering divorce petition in the court? Please advise ..Thanks to all...



 

cyberlawyer (barrister)     25 April 2014

what do you mean by MY LAWYER ?, DID YOU ENGAGE HIM   ?. How could you engage a lawyer even before you get the summons ?.  First you have to receive the summons then take it to your lawyer who will file vakalat. Your lawyer comes in the picture only after you engage him..

Please make it clear. 

ANEESH TRIVEDI (ADVOCATE) (Advocate)     25 April 2014

you are not clear about your case same is mine dates are 03-03-14.023-04-2014 and next is not known to me now come to point if you want to take divorce then take the notice and contest the case if you dont want to give divorce then its ok let them sent notice par notice notice per notice....... till court order for paper publication then also let the court decide the case ex parte in your wife favour and after some time you just apply for set aside the order gone in favor of wife and then your wife has to fight whole case from the beging this completer process kills her time , money and energy and bring irritation to her and she is able to marry to other one , either she has to live like in live in relation ship or she have to be keep of some other men,,,, any how she did cruel to you filed false cases aginst you then better to drag the case if law favor womens the find the shortcoming of law against womens and use aginst them ......

Srinivas (.)     25 April 2014

Hi ,Thanks for quick advise, Is it possible to my wife or her lawyer do changes or modifications in divorce petition after registering divorce petition in the court? Please advise ..Thanks to all...

K.K.Ganguly (Advocate)     26 April 2014

Ammendment of petition of your wife is possible subject to the sanction of the Court for which she has to file an application under copy to you to enable you to object if you deem fit.

Biswanath Roy (Advocate)     27 April 2014

Go to court on the next date fixed and collect summon personally.

T. Kalaiselvan, Advocate (Advocate)     27 April 2014

If you are confirmed about the said divorce case against you filed by your wife and the next date of hearing has been posted on the stated date, it is better to make an  appearance before the court on the scheduled date and get the copies of the petition.  Once the petition has been filed, if at all she wants to make any changes in the petition, it is called as amendment, and for carrying out amendment, the formality as envisaged in the provisions of law meant for the purpose have to be followed stringently  hence need not worry about that subject so soon.

Srinivas (.)     27 April 2014

Hi All, Thanks for quick advises. I also want divorce but want to see what she mentioned in the petition.Till now I didnt receive notice from court. am bit worry If I go and collect divorce summons in the court ..divorce will get delay.... If I don't go for next hearing, Is court will issue Divorce to her? Please advise..

ashoksrivastava (scientist)     27 April 2014

Originally posted by : Srinivas


Hi All, Thanks for quick advises. I also want divorce but want to see what she mentioned in the petition.Till now I didnt receive notice from court. am bit worry If I go and collect divorce summons in the court ..divorce will get delay.... If I don't go for next hearing, Is court will issue Divorce to her? Please advise..

@Srinivas family courts do not grant exparte divorce easily ,not especially till acknowledgement is received by court  It seems you are not sure if you really want divorce Else go to court a few days before next date. You can collect notice there and prepare your reply in consultation with your lawyer.

regards ASHOK

Srinivas (.)     27 April 2014

Hi Thanks...I want divorce.. I given correct address and before I received the notice from my wife's lawyer but now am not able to receiving divorce notice from court.  Is there any other way to collect notice from court without my presence in the court? or after collecting notice in the court If I dont file counter and court will give divorce in next hearing pls advise...... 

Vishal Srivastava (ADVOCATE)     28 April 2014

I think u should go to the court and receieved the summon copy after that take a further step in case for a proper defence.

Srinivas (.)     28 April 2014

Hi Thanks for quick advise. we made settlement  in Nov'13 after divorce only we give settlement amount to her and she has to withdraw all her cases before divorce ...but my wife didn't file Divorce under MCD and my wife filed Divorce under sec 13 ia,ib  and 498a case moved to lokadalat on 21.02.2014 and we have last hearing on 21.05.2014 to close the case.My lawyer told this is expartee divorce and  just come and collect divorce summons in the court ,divorce will issue next month.

1) Is it possible to take Divorce copy one of my relative in the court?

2) If I collect divorce summons in the court now, Is there any problems face in future?

3) My lawyer misguided me instead of MCD divorce, wife filed under sec 13 ia ib and my lawyer is supporting to my wife's lawyer .when is the right time to change lawyer ? because he signed on 498a  Lok adalat form and we have last hearing in lokadalat on 21.05.2014.

Please advise...Thanks for ur time....

Biswanath Roy (Advocate)     28 April 2014

Experts can give you legal advice.  You may follow it or discard.  But they cannot chase after your whims . requesting to stop such non-sense questions discarding valuable opinions of the experts.


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