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Anonymous   10 March 2016

Summon not served

Hi

    I have filed a divorce case against my wife and I did my first appearance in court . To my surprise, the judge said that the notice has not been served and asked me to reissue the notice. But , my wife had already informed the police station that she has received the notice and I got to know this while talking to the police. However I saw her in the court corridor once I came out of the court room.

 Besides, she moved to her patrimonial home and and I moved to my home leaving the new house that we rented for living seperately vacant after applying the divorce. Just a few weeks before my first hearing she was insisting me on reissuing the notice to the new rented house but I didn't do as she was not staying there. 

   Please help me in understanding what they have done to my first notice. What is her real intention behind doing all of this. How she would have known that I have applied of divorce without receiving the notice.

Also she has applied a new lock on the newly rented house so that I couldn't vacate the house. Please let me know how to vacate the house. I am paying my rent unnecesarily and I cant stop paying it as the house owner has an initial advance from which he can deduct incase of non payment.

Please help.



Learning

 4 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     11 March 2016

No reply to anonmyous authors

Anonymous   11 March 2016

Mr. Sainath.. Is it a joke?  I dont really get it.. 

Experts.. please provide your valuable advice.


(Guest)

1. file for copy application in the court with help of your lawyer

2. speak to the post man and find out when the letter was delivered

3. issue notice to all known addresses, if you are looking for contested addresses. provide those many copies of petition in the court

4.your lawyer has to pray to the judge for sending notice

 


(Guest)

More importantly, try your best to resolve the issues amicably either reunion or separation. Any other options would put you 5 to 10 years back in life, depending on your case.


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