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Deepa (Ananlyst)     29 January 2014

Notice not delivered

I had filed a petition for restitution to conjugal rights with maintenance. I had sent the notice to my husband's office and it has not been delivered for some reason. Can I re-send the notice to different addresses at the same time ? And how many times will the court send the notice? Also what would happen if the notice doesn't reach him only?



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 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     29 January 2014

Three basic methods are used for service of process of lega notices: (1) actual, or personal, service, (2) substituted service, and (3) service by publication. Although each method is legally acceptable, Personal Service is preferred because it is the most effective way of providing notice and it is difficult for the defendant to attack its legality.Personal service means in-hand delivery of the papers to the proper person. Traditionally personal service was the only method of service allowed by law because it was best suited to give the defendant notice of the proceedings.

Deepa (Ananlyst)     29 January 2014

Thank you for your reply. After having tried the service by publication method, if he doesn't appear in the court, will the case be dismissed?

sandykrish (Interested in Family LAW)     29 January 2014

@ Deepa, the case will be treated as exparte.


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