Court asked me to Produce Original Address summons returned back without serve to wife address and parent Address. Dear sir, First i send a legal Notice to wife thorough lawyer From Bangalore. To his current residence address and Parent Permanent Address. Both Address Legal Notice was delivered. There after field RCR In Gurgaon Court. In RCR case Court send Notice to his both address. Current residence and parent permanent Address. Registered notice issued to the respondent current address not received back. Registered notice at the parent address has been received back undelivered. There after she has ordered to be summoned by way of publication in the newspaper “Statesman” Respondent already exparate. My RCR Petition was failed and dismissed with costs, Respondent already exparate. In Decree later written "Claim for Dissolution of marriage between the parties by a decree of Divorce in the favour of petitioner and against the respondent. After one year of RCR disposal, I have filed a divorce case in family court Bangalore. In divorce Case court has Send a notice to wife Current residence and parent permanent address. Both the Notice was returned without serve. Registered notice issued to the respondent current address returned back, as she left back 15monts back that apartment. Registered notice at the parent address has been returned back without serve. Zone 3B is very large area the road no is not in the copy of notice and the application. Now Court asked me to Produce Original Address. The Original address is same as that notice sent by court there is no any change in both the address. Since 5 years there is no any talk with wife and any family members so at present where she moved back is not known to me. Request you all to kindly advice me what legal steps should be taken by me.
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1) if your wife is not staying in said address and left 15 months back you have to mention the current address of wife
2) if current address is not known summons to be sent at last known address
3) if summons returned un served then apply for substituted service ie paper publication in 2 local newspapers
What do you mean by -- In Decree later written "Claim for Dissolution of marriage between the parties by a decree of Divorce in the favour of petitioner and against the respondent ??
Notice to last known address is due compliance of noitce. Same ruled by SC.
File an application under order V rule 20 along with affidavit to take substituted service through paper publication. Once it is allowed you can publish the summons in local newspaper and if she contest its fine or you can seek for exparte decree of divorce
Last resided address will be taken as address of the party. Then permission will be sought for publication of notice in local newspaper which amounts to sufficient service of notice on the other party.
See you can file an application before the court since the permanent address and last known address.both are given in court seek for a paper publication in case also in the area they resided and produce copy of same on court then the.court shall proceed ex-parte in this basis.
Further kindly elobrate the point :
Claim for Dissolution of marriage between the parties by a decree ofDivorce in the favour of petitioner and against the respondent.?
Even if you do not have her current address, you can serve her at her parents address. Court needs to be convinced that you are not fooling it by doing service at some fake address so you simpliciter need to find proof that her parents' do indeed stay there. It may even be your marriage certificate or wedding invitation card or some like document.
Dear client.. take orders from court for paper publication.. then submit that news paper publication proof in front of the court and take exparty Divorce order ?
You can inform the court that the same address is the original address and last known address of your wife
Dear sir
The notices seems to have been sent by registered post. In case the said registered posts were not served then the same will be returned to the sender. Thus if your advocate or your self is the sender and if you have got the un served envelops then please return the same to the court. You have options of serving the summons as follows:
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The Different Modes of Effecting Service of Summons on a Defendant (C.P.C 1908, India)
The prescribed modes of service of summons are as follows:
Wherever it is practicable, service should be made on the defendant in person, unless he has an agent empowered to accept service in which case service on such agent shall be sufficient. Where there are two or more defendants, service should be made on each defendant. (O. 5, rr. 10, 11).
Where the defendant is absent from his residence at the time when the service of summons is sought to be effected on him at his residence and there is no likelihood of his being found at the residence within a reasonable time and he has no agent empowered to accept service of the summons on his behalf, service may be made on any adult member or his family, whether male or female, but not a servant. [O. 5, R. 15].
In a suit for immovable property service may be made on any agent in charge of the property if the service cannot be made on the defendant personally and the defendant has no agent empowered to accept the service.
Such personal service is also called direct service because service is made by delivering a copy thereof to the defendant personally, or to an agent or other person on his behalf, and the signature of the person to whom the copy is so delivered is obtained to an acknowledgment of service endorsed on the original summons.
2. Service by affixing a copy of summons on defendant’s house without an order of the court:
(a) Where the defendant or his agent or in their absence an adult member of the family refuses to sign the acknowledgment, or
(b) where the serving officer, after using due diligence, cannot find the defendant who is absent from his residence at the time when service is sought to be effected on him at his residence and within a reasonable time and there is no such other person on whom service can be effected, 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 or carries on business or personally works for gain, and then shall return the original to the court from which it was issued, with a report endorsed thereon stating that he has so affixed the copy, the circumstances under which he did so, and the name and address of the person (if any) by whom the house was identified and in whose presence the copy was affixed. If the court is satisfied it declares the service to have been duly effected. (O. 5, R. 17).
3. Service by registered post in addition to personal service:
The court shall, in addition to, and simultaneously with the issue of summons for service also direct the summons to be served by registered post, acknowledgment due, addressed to the defendant, or his agent empowered to accept the service, at the place where the defendant, or his agent, actually and voluntarily resides or carries on business or personally works for gain. The court, however, shall not issue a summons for service by registered post, where, in the circumstances of the case, it considers it unnecessary.
When an acknowledgment purporting to be signed by the defendant or his agent is received by the court, or the postal article containing the summons is received back by the court with an endorsement purporting to have been made by a postal employee to the effect that the defendant or his agent had refused to take delivery of the postal article containing the summons, when tendered to him, the court Issuing the summons shall declare that the summons had been duly served on the defendant: provided that where the summons was properly addressed, prepaid and duly sent by registered post, acknowledgment due, the declaration referred to in this sub-rule shall be made notwithstanding the fact that the acknowledgment having been lost or mislaid, or for any other reason, has not been received by the court within thirty days from the date of the issue of the summons. (O. 5, R. 19-A).
Following is the Status Of Notice Send to Respondent on both address and now court asked me to submit original Address. Parent address ------------------------------- 1>Notice sent by registered post on Parent address Over Envelope written message -> With This Name person is not staying on this address due to that returned. 1.1>Notice Sent by order of the court through Local Court.on Parent address . ACK Note written -Today on date xx.xxx.2018, on the day time 11.00 pm, the notice was written on the day of the arrival of the man on his inquiry and inquired from the person staying in xxxxx Nagar Zone Nos. 3B. None of the person told about the Respondent party Name xxxxx. Sir xxxx Nagar Zone 3B is very large area the road no is not in the copy of notice and the application. Thus notice was returned without serve the notice, and as a court papers no person as corrected the notice as witness on the petition The above report is true. wife address------------------------------------------- 2>Notice sent by registered post on wife address. Over Envelope written message - Address Moved 2.1>Notice Sent by order of the court through Local Court on Wife Address. ACK Note written -on Date xx-xx-xxx i went as per the address given in the notice and after not finding the person named in the notice i asked the member of xxxxxx Apartment about the Person . The member wrote under his seal and signature that the person in the notice has left approximately 15 months back. so this notice not be served and returned to the court this is true to the best of my knowledge. What kind of documents and application need to show as original address and get ex parte in coming next court date AS soon as possible. also i like to know that why court asked me to produce the original address.
If summons have been returned un served as wife is not residing at said address court would not keep matter exparte
2) court has directed you to find her original address so that summons can be served upon her
3) you can make application for substituted
service ie paper publication in2 local newspapers
As informed to you that you can file an affidavit stating that the said address submitted is the last known address only. If you have some documents related to that address like telephone bill, electricity bill etc can be submitted. The court will treat the same as last known address and pass an exparte order stating the same as served
The court will ask you to produce her address or alternate address or latest address.
You may file a memo stating that this was her last known address, hence you cannot produce any other address which is not known to you.
The court, if convinced, may order for substituted service of summons through newspaper.
You may go for that.
I think you have mistaken the the court orders.
There is no question of original or duplicate address.
You may state that this was the last known address.
Then the court will allow you to take steps for substituted service of summons.
Dear client.. if u have not understood my answer then that's Ur weakness of understanding..
For Ur question this is the Exact answer.
I think u have understanding and EGO problem.. that's why u gave terrible rating.. first correct your self and then give rating to others.