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Radha Krishna   16 July 2017

Wife not taking notice

I am in need of a suggestion.

Scenario 1:  I filed divorce case and the case is now at evidence stage and it is at her evidence stage (my evidence over).

Scenario 2:  Wife filed DV case and it is at her evidence stage (my evidence over).

 

In both scenarios wife is not appearing in court for past 2 years.  But her Lawyer is appearing and telling something and all and taking date after date.

 

What my lawyer is telling:  My lawyer is telling you go search where she is living (as she is not living in the address which she used to stay when I filed divorce, notice goes and comes back as addressee not found in address).

 

What I did:  I searched in all the streets of Calicut with photo of hers and her parents.  But I could not find her or her parents.

 

My doubts:

1.  Is my Lawyer really efficient?  Is it not his duty to get the notice served to the respondent wife?

2.  Is it my duty to find the wife and show her address to the court?

3.  Should I give police complaint against her that she is not found in the address which I know?

4.  Is my Lawyer compromised with opposite party as she (my wife) sometimes comes to court (but does not enter the court hall) and talks to her Lawyer (he knows where she is living, but he wont tell me).

5.  In the given situation what to do?  How to serve notice on wife who is evading to take notice?

6.  How to make wife appear in court, so that case will move?



Learning

 7 Replies

A walk alone (-)     16 July 2017

1) if notice is not serve court will give chance. If it continues you can publish that in local newspaper. You can show this copy to court and request to make your divorce exparte. 2) no it's not your duty to find her.3). No need to file any complaint 4) change your lawyer it appears that he is mix with opposite party.

estranged wife (Housewife)     16 July 2017

I am not a lawyer.I am replying based on my own experiance.In Divorce case if wife is not appearing to give evidence than your lawyer shouls ask court to proceed exparty.Hon'ble Court will give one last chance to appear and mention it in the order sheet.If she dosent appear on that date Hon'ble Court will proceed exparty and mention it in order sheet.Her lawyer will be keeping watch on proceedings.The moment Hon'ble Court writes ''proceed exparty" in order sheet opposite party lawyer will himself ask your wife to appear in court because otherwise you will be granted exparty divorce.Your lawyer is not pressing court to proceed exparty and not objecting to adjurnments for last two years ,this is very unusual.Time to change Lawyer.

Kumar Doab (FIN)     16 July 2017

Appraise the Presiding Officer of the matter.

 

Siddharth Srivastava (Advocate)     16 July 2017

Pl donot doubt the efficiency of your lawyer. Lawyer is performing his duty. If you can find the whereabouts of wife then furnish bathe same to court otherwise you may request for service of notice by hand(dasti) and by substituted means like publication in daily news paper. Have faith in your lawyer and court of justice. If required consult with details.

Radha Krishna   17 July 2017

Thank you for the replies.  But I am still confused. I dont know how to go ahead about this.

My advocate tells, we should wait. I cant make out what he wants to wait for.  He does not even open his mouth in the court.  Judge asks he tells we should send one more notice.

In this case what to do?

Radha Krishna   17 July 2017

I got this message from this person.

 

Shivani Abroll

Read more at: https://www.lawyersclubindia.com/profile.asp?member_id=334844

Sahodar is pleased to announce the launch of Sahodar Focus WhatsApp Help Groups. Please choose any three groups from the following list and inform the sender of the groups of your choice so that you can be added. A. Sahodar 498a at CAW/ PS B. Sahodar 498a: AB/ Bail C. Sahodar Discharge/ Quash D. Sahodar 498a Evidence E. Sahodar 498a Final Arguments F. Sahodar 125/ DV Interim G. Sahodar 125/ DV Evidence H. Sahodar 125/ DV Arguments I. Sahodar RCR/ Divorce: HMA J. Sahodar Divorce: Non HMA K. Sahodar Child Custody L. Sahodar Sexual Offences N. Sahodar RTI/ TEP/ Counter Cases O. Sahodar NRI Issues You may choose any of these groups as well apart from 3 in the above list. Sahodar Activism Group Sahodar Twitter Action Group City Specific Group. Please note that no activism/ forwards/ news are allowed in focus groups and sender of such posts would be suspended from the group without warning. Repeated infractions would result in permanent removal from focus groups. To join any of these Help groups send a WhatsApp message with "subscribe" to 9811850498

 

Radha Krishna   17 July 2017

Can someone enlighten me regarding the above.  I am new to this site.


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