Sachin Gulyani (Student) 08 December 2015

No acknowledgement. please guide

Dear All,

Please guide me.

Wife filed divorce petition in Gujarat. Husband Stays in Delhi. Petition was filed 3 months back. Two dates are passed then after but there is no whereabout the acknowledgement of serving. Husband is in receipt of the petition and talk freely about what is written in it but denies that he has not receieved the petition copy.

In court also acknowledgement of whether received or not received or refused is not known. Nobody is responding and not giving clarification about what happened to that petition.

Please guide me as it is taking unnecessary time as 3 months has passed and still time is passing.

How to prove that he receieved the petition? As now if we will resend it husband will do manipulation and will not happen it to be served as now he is aware of the case and want to ignore it.

All replies will be highly appreciated and welcomed.

Thank You

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6 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 08 December 2015

If the summons have not been received by the husband,then they would have been returned back to the sender with postal remarks.Knowing the contents of the summons is not difficult,any clerk in the court will provide the details.

Well if he does not turn up for the proceedings then the divorce will be granted ex partee.So better wait till the first motion to be held.If there is no representatiion from him then U can plead for the court to resend.

Has the wife filed for maintenance and alimony also?

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 08 December 2015

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Sachin Gulyani (Student) 09 December 2015

Dear Sainath

As you mentioned "If the summons have not been received by the husband,then they would have been returned back to the sender with postal remarks.Knowing the contents of the summons is not difficult,any clerk in the court will provide the details."

Dear TGK Reddy,

As you mentioned "Notices returned unservred. Copy of the Plaint received? I don't think it's possible. Even a photostat copy can't be supplied dishonestly because Court seal should be there."

There is no postal remark and acknowledgement. Nobody knows where it went. Neither they are providing any comments regarding delivered, non delivered, refused, etc.

Nothing.

What to do now?? I am sure it is delivered but I am not able to get the acknowledgement of it.

SAINATH DEVALLA (LEGAL CONSULTANT) 09 December 2015

It will certainly lie in the file of the court or else the concerned clerk will loose his job,find out from the court by paying them something.

Sachin Gulyani (Student) 14 December 2015

Dear All,

thank you for your comments. So far, lawyer is saying that we cant do anything. It is from Gujarat to Delhi. No one knows where is it lying. Lawyer adviced to get the another copy from court and to speed post it. I will be doing speed post once I will get the papers from the court but my concern is still about its acknowledgement. Husband received it and it will be of great use to proceed the case. Dont want to start it again by speed posting.

Sachin Gulyani (Student) 17 January 2016

Experts please reply.

Ahmedabad to Delhi. Nobody knows the whereabouts of the acknowledgement of the receipt. However the court ordered that the court itself will send it through RPAD. Its done by court but still I want to know about the previous acknowledgement. Is it possible to manipulate the acknowledgement of receipt so that proceedings do not proceed further?