If summons cannot be served as house is locked apply for substituted service ie paper publication in 2 local newspapers
2) if husband does not appear court would grant you exparte divorce
Ex parte divorce
I had done 498 case and DV case against husband in November 2016, As my husband tortured for the dowry and he is involved in extramarital affair. in few date he and his advocate appear in district court. after that they don't attend the date . I inquire and came to know that his maternal home is locked now and he ran away in foreign country. I applied for divorce in May 2018 . when first time the notice served , it was not received as their home is lock than i update sister in law address for the second notice to be served. But her sister replied that she doesn't have any relation with his brother and is no contact with him whn the notice served. I have send him notice by mail and whatsup also so he know about that i applied for divorce . Now can i know what are the further step as i dont know his address.. What are the further step in divorce case. and how much time will taken in ex parte divorce if doesn't contested. i was get married on aug 2000. I m living with my 14 years daughter alone and doing job to fulfill our needs. it is very difficult for me to attend all court date every now and than with my busy job schedule as i cant take leave for every court hearing. i don't want alimony for me n daughter just wanted to get over of all this. Please guide how should i move further so i can get over this within one year.
Asked 7 years ago in Family Law
Religion: Hindu
16 Answers
my next date of divorce case is 10th September what further remedies i can seek
Asked 7 years ago
what are all further step pls guide in detail. he will never come to attend court date. and what if after paper publication he will not appear than what further step r there.
Asked 7 years ago
1) If you are confirmed that he had left the country and living in abroad than you can impound his passport plus you can send him notice via Ministry of external affairs site.
2) You can call him and trace as of now where he is living as of now.
Mam after the Divorce notice is not served you can ask for the alternate service from court that is through newspaper once the alternate service is done then after that you can file an application for expatrte proceeding on that the court shall record your statement and grant you divorce decree.
You can visit at site
National Commission for Women
ncw.nic.in
After publishing in news paper ask court to pass ex parte order of divorce.
Further in case of 498a if they are not present regularly or have breached the condition of the bail by going foreign in that case the application before court can be given to order authorities to impound there passport so they can bought back for justice,
Pros and Cons:
A decree of ex-parte divorce can be reopened by the uncontested spouse within 90 days from the date of the decree. However, if it is not reopened within that specific period, then the decree would become final and the marriage between the parties could be considered as dissolved. Petitioner spouse can remarry to any other and would be valid in the eye of law.
Marriage between the parties would be dissolved by Decree of matrimonial relief by the way of Mutual consent divorce.
File an application under order 5 rule 15 of CPC for substituted service. After the same is made, file an application for ex parte proceedings
File an application before the next daye.
As told after publication the court will proceed with ex parte proceedings.
Dear Client,
Now through Whats app also court assumes service of notice. Many High Court ruled this.submit rulling in court and request court to proceed ex parte.
Along with with file application of domestic violence and maintainance. Once order grant and he did not complied the order, court will order his arrest and attachment of property. On the basis of arrest warrant his passport will also impound than he will be forced to return and face trial.
Just appoint some good Advocate. There's no need to attend every hearing . Advocate will represent.
If you cannot find your spouse, you must get permission from the court to publish a notice of the divorce in the newspaper or post a notice in the courthouse.
This is called a Motion to Serve by Publication or Posting.
The judge can allow publication or posting if the judge decides that you have made sufficient efforts to find your spouse and your spouse cannot be found.
This means that you must first try to find your spouse. You will need to tell the judge in writing exactly what you did and the responses you received. This means that you need to keep a list of the places you contact and what you do or don't find out. Save copies of any documents you send or receive. Also save any mail that is returned to you as undeliverable.
You have to file affidavit of service
2) enclose newspaper cutting of paper publication
3) apply for exparte divorce
4) court would grant you exparte divorce
1. The court can proceed to grant an ex parte decree of divorce only after the newspaper publication of summons is made. This has to be done before he is proceeded against ex parte.
2. On the next date you should ask the court to either proceed ex parte or order newspaper publication of summons as a last measure before ex parte is done.
If the summons are returned undelivered for the reasons stated therein, you may file a petition before court seeking to take steps for service of summons through alternate source, i.e. by substituted service.
In that you can request for service of summons through a leading newspaper
After the publication, if he do not turn up before court on the next date of hearing, then the court may set him exparte and on adducing evidence by you, the court may grant you exparte divorce.
my next date of divorce case is 10th September what further remedies i can seek
You can ask your advocate to file a petition under order 5 Rule 20 seeking to permit you to serve the summons through substituted service by a newspaper publication.
what are all further step pls guide in detail. he will never come to attend court date. and what if after paper publication he will not appear than what further step r there.
If he do not appear before court even after the newspaper publication, then the court will set him exparte.
You can let in your evidence for completing the formality and the court will grant you exparte divorce.