1) if summons cannot be served because wife is seeking to evade service of summons you have to apply for substituted service of summons ie by paper publication in 2 local newspapers
2) contested divorce takes 5 years
Divorce petition
Hi I have filed a divorce petition against my wife on cruelty grounds. My wife has not being staying with me since last 8 to 9 months. She doesn't want to stay with me my and wants to keep her separate which I can't as she is all alone. Very recently she stepped into my house and stole my pancard and aadhar card too. She has moved out of the house now and seems that she has taken a new house. I have filed a divorce petition but she is running away and not accepting the petition at all. What will happen in such senario where the contested petiton is filed and the summon doesn't reaches the other party even when she stays in same state same city and same town but running from place to place? How long does it take to take a divorce in such situation
Asked 8 years ago in Family Law
Religion: Hindu
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9 Answers
1. For stealing such cards you can file case u/s 406 IPC agaisnt her.
2.Lether run as if the summons sia voided then you can apply for substituted service by way of newspaper publication. And once that is done the court can proceed to hear the case ex parte.
3. The contested divorce takes some time , generally it takes around 4-6 years.
in this condition you should file a petition before the high court for expedite hearing of your case. you should take certified copy of the order sheet. high court may fix a time period for disposal. then lower court cannot give adjournment and if found that wife is deliberately being absent then an ex-party decree shall be passed by the court.
it is ends of the justice to dispose of the case as early as possible, no can permitted to abuse process of the court. so high court can pass expedite order in your favour.
1. You shall have to serve the Summons on her and if she refuses or she is not found to be staying at theb said address, you shall have to pray before the Court for leave to publish the said summons in local News papers.
2. On being so permitted, you can publish the said summons in two local newspapers, one being in vernacular.
3. Contested divorce takes long time to be disposed of which may run for even 2 to 5 years.
4. It will; be prudent on your part to negotiate with her and jointly file a mutual consent divorce petition on mutually agreed terms which will be disposed of with in 6 & 1/2 months from the date of its filing.
If summons are not served in the ordinary manner then you may apply to the court to order newspaper publication of the summons. If she does not appear despite newspaper publication then court will treat the summons as served and proceed ex parte.
Contested divorce is basically where both the parties come together and have a fight or argument based on alligation. However in this Senario the other person I.e my wife has not taken the petition and is also running from one place to another and also doesn't want to live together. She just wants to irritate me by doing all these things... In such scenario how long does it take if I plead for divorce
Asked 8 years ago
I have already advised on the issue and nothing more to adde except that your idea of contested divorce is not based on any legal standing in this country.
You have to effect service of summons first on the wife
2) if wife is evading service then you have to obtain orders for substituted service
3) to serve your wife by paper publication may take around 6 months
4) then court would grant time fir wife to file reply
5) if wife does not appear in court nor engage a lawyer you can get orders for exparte divorce in 2 years
You can file a petition before court to permit you to serve the summons through substituted service of summons by publishing the same in a newspaper.
After the publication if she is not appearing before court you can take an exparte decree.
If she is not receiving summons for three continuous service, then you may seek for substitute service through newspaper.
After which the court will grant you exparte divorce if she is not appearing even after newspaper publication.