• Divorce notice

Hi
 
 I have filed a divorce case on Oct 2017, but still its under Notice serving process, purposely she and her mother and father not accepting or receiving notice, its sent through process server from court but still not accepting , what will be the next step regarding this please help me towards this 


Thanks 
vishal
Asked 4 years ago in Family Law
Religion: Hindu

8 answers received in 10 minutes.

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26 Answers

Take a dasti summon, in which you and a belief of Court will go to their address and serve them in person.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

Next step will be service of the notice by alternate means i.e., by means of a publication in newspaper.

If she still refuses to appear in the court then the court will proceed ex parte and will pass an order.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) if wife has refused to accept service it is proper service of notice

2)if it is returned un served apply for substituted service ie paper publication in 2 local newspapers

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

Hi you send notice by Regd post and speed Post both

Sunil Akkatangerhal
Advocate, Belgaum
14 Answers

4.4 on 5.0

1. It is not clear whether the endorsement is ' refused' or not. if so then it is a valid service.

2. If they are evading service then make an application in court stating that this is the last known address of the opposite party and hence you can apply for news[aper publication for effecting substituted service.

3. Once newspaper publication is done the court in absence of your wife further can proceed ex parte.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Both are good. If the court proceed ex parte then the court will take 6 months to devide the case.

In both the cases the case will be decided on merits.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

This is my response to you:

1. You will need to take request from court for pasting (posting on the door) or substituted service;

2. If they still avoid service then you can send a summons through court;

3. Technically speaking there is no need to serve notice in divorce case;

4. You need to directly serve the divorce proceeding copy i.e. the divorce petition to your wife at her last know address;

5. After repeated summons if she fails to appear then let the court know you want ex-parte divorce.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

If not received court notice or denied the same and the shara will be written as denied or refused. The court will pass an exparte and to posted for your evidence. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

Exparte isn’t a good option as If you get a ex parte decree in your favour then hey will go in a appeal and you won’t be able to execute it. Their appeal will be admitted in the interest of justice and fair play. It’s better to serve them and fight

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

Another 2 to 3 dates

Sunil Akkatangerhal
Advocate, Belgaum
14 Answers

4.4 on 5.0

service of notice is necessary to proceed with divorce case

2) if Respondent does not appear in spite of service of notice court would direct that petition be proceeded with exparte

3)it would take around a year to obtain exparte decree

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

1. On the next hearing apply to the court to send the notice through a registered post as then there will be a presumption that she has been served.

2. Ex parte decree brings only short term joy as it can be set aside on her application if she shows sufficient cause,

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1) Do you know her email address and than provide that email id to court.

2) Plus ask court to stick Notice on their Home Door.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Sir,

If notice is not served then you can go for newspaper advertisement with the permission of Hon’ble Court under Order 5 Rule 20 CPC which is as follows:

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20. Substituted service.- (1) Where the court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason the summons cannot be served in the ordinary way, the court shall order the summons to be served by affixing a copy thereof in some conspicuous place in the court house, and also upon some conspicuous part of the house (if any) in which the defendant is known to have last resided or carried on business or personally worked for gain, or in such other manner as the court thinks fit.

(1A) Where the court acting under sub-rule (1) orders service by an advertisement in a newspaper, the newspaper shall be a daily newspaper circulating in the locality in which the defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain.

(2) Effect of substituted service—Service substituted by order of the court shall be as effectual as if it had been made on the defendant personally.

(3) Where service substituted, time for appearance to be fixed—Where service is substituted by order of the Court, the Court shall fix such time for the appearance of the defendant as the case may require.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

3) In email you can mentioned that if Notice is not served than court will give ex parte order in your favor.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

There 3 brilliant ways to send her. If you can tactfully do it, you will be on a better platform.

First scan the entire petition with annexures with help of CAMSCANNER APP then save it in your phone gallery. Dont try sending it with names or dont try sending in pdf. style. Send as pics as image but it will be in scanned form.

1st way: Select all pics and attach them first over whatsapp, send at one go, your wife will start opening pics, blue tick will show, keep screen shot of same.

2nd way: Attach all and email her, switch on delivery report message.

3rd way: compress as 1 file and MMS her, which is the last way.

I am sure 1st and 2nd way will work wonders, morefully, 1st way is the best option. There are judgements on the 1st way too.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Ex parte may be there in your case but it would take little more time as there is a presumption of law to give little stretch of more time to the other party to not to let them feel prejudiced.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

The court will serve the process through other modes of serving notice which includes newspaper service etc. meanwhile if the court wants, it can proceed ex parte. lead your evidence and let the court decide the case on merits

Shaveta Sanghi
Advocate, Chandigarh
914 Answers
111 Consultations

5.0 on 5.0

Dear Sir

We arrange for service of notice. Ex-party order can be challenged any time and case comes back to square one point.

Feel free for any assistance.

Regards

Shettar

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

Contested decree or order is always best suited but if delay is caused due to continued absence of the parties then ex parte order is only option.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Service of summons on the defendant is regulated by the provisions of Order V C. P. C. Rule 9 thereof, in its original form as it exists in some of the other States, contemplates only personal service of summons.

Rule 17 provides that where the defendant refuses to receive summons, the serving officer shall affix a copy of the summons on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides and carries on business or personally works for gain and shall then return the original summons to the Court with a report of the circumstances under which summons could not be effected in the proper way.

Rule 19 provides for a case where summons is returned under the provisions of Rule 17. The Court after perusing the report and also, if necessary, examining the serving officer, is empowered to declare that the service was either sufficient.

You can also ask for the permission of the court to serve summons by way of electronic means like email which is legally tenable.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Please let me know if notice served is better option rather than ex parte, which is best ?? and how many months it will take after proceed with ex parte ?

A. Ex parte is better as it takes less time is disposal. However your wife can file an application for setting aside ex Parte proceedings against her but she would have to give reasonable excuse for her non appearance is refusal to take summons is deemed as valid service and she cannot take a plea of non service of summons.

Time taken in getting a decree of divorce vary from state to state but normally the court would proceed expert against wife after 2-3 dates of hearings.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

You can seek permission of court to send the summons by private notice through registered post with AD card or courier service

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Please let me know if notice served is better option rather than ex parte, which is best ?? and how many months it will take after proceed with ex parte

Exparte is not automatic process.

For that you have to get the notices returned at least three times and after that the summons to served through newspaper publication.

The court will then decide about setting her exparte.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Ex-parte can only be done if processing officer put remarks that she refuse to accept the notice or accepted the service notice. Try to send the notice through all modes, courier, speed post, personal service etc.

After ex-parte, it may take 2 years maximum

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Take pasting order or publication order of service and you can serve the same

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

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