Dear Law gurus, I have recently filed a contested divorce in the Anekal family law court in Bangalore, Karnataka. The case was lodged on 1st week of November 2023. So far the documents had not been served to the other party. My lawyers tell me that they have to physically visit the court to find this out. My question(s) : 1. Is there any way for the petitioner to figure out the details of the documents service status to the respondents? I have an app wherein some details are already available. 2. Is there any tracking number generated that can be shared. 3. Honestly, it has been 1 month and documents not received by the respondents is pretty unfortunate. What else can be done? I don't want to send any intimation to the respondents via my lawyers as they will get alerted and may not accept the service of the documents. 4. The case management stage is 'Notice' as per the App and I am told it will take further 2 months by which the court can serve the notices. What are the different stages this case can take? 5. When the court services the documents to the respondents, what all do get included in that service? Affidavit and also any supporting documents also get sent together or just the affidavit? 6. I am happy to consider my case be managed by a lawyer in Bangalore who is frequent to the Anekal Court and has contacts to make my life little easier? 7. Is there any point in writing to the CJI for karnataka to seek this information via email/online instead of visisting? I believe this information should be published and easily accessible to the petitioner. Regards,
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Your lawyer is correct
2) he has to visit court to find whether notice has
been sent to respondents or not
3) there is no tracking number generated
4) respondent is served with notice along with copy of petition and documents enclosed to petition
5)it is better to engage a lawyer practising in said court
6) no point in writing to CJ
1. You cannot get the service report on that App , and the report of service of the summon will be submitted in the court.
2. No
3. If the respondent will not appear before the court after receiving the summons with documents then the court may pass ex-parte divorce decree in your favor.
4. The court will issue the summon on the respondent itself , however your lawyer can take one copy of the summon to send the respondent.
5. all the documents with the petition copy will be sent to the respondent.
6. You must engage a local lawyer there
7. No, CJI cannot consider such applications .
Dear client,
1. In legal proceedings, especially in a contested divorce case, the process of serving documents to the other party is crucial and legally mandated. Typically, the petitioner doesn't have direct access to the real-time status of document service to the respondent, especially if it's being handled by lawyers or court officials. However, if your app provides some details, it might offer basic information or updates about the case. You could check if there are any updates related to the status of document service available on the app. Often, these apps might provide general updates or milestones in the legal process, but they might not offer intricate details or real-time specifics about document service. If the app doesn’t provide the specific information you seek, your lawyers visiting the court seems to be the standard practice to obtain the most accurate and up-to-date information about the progress of the case, including the status of document service to the respondent. Court staff or your legal representatives physically visiting the court is often necessary to acquire precise details, as this information might not be readily available through external means.
2. In legal proceedings such as a divorce case, there isn't typically a tracking number generated akin to those used in postal or courier services. Document service in legal matters involves more formal processes, often managed and tracked within the court system or by legal representatives. However, some courts or legal systems might have specific reference numbers or case numbers that are used to track the progress of a case within their systems. These reference numbers can be shared with the involved parties or their legal representatives to check the status of the case, but they might not specifically denote the status of document service.
3. I understand your concerns about the delay in serving the documents and the potential ramifications of alerting the respondent. Depending on the specifics of your case and the laws in your jurisdiction, you might consider requesting the court's intervention to facilitate the service of documents. This could involve requesting the court to issue directives or take specific actions to ensure proper service without alerting the other party. In some cases, courts might allow alternative methods of service if traditional methods fail. This could involve service through publication in a newspaper, service via email (if legally acceptable), or other means that the court may approve.
4. In a contested divorce case in India, there are several stages that the proceedings typically go through.
1. Filing the Petition: This marks the initiation of the divorce proceedings. The petitioner submits the divorce petition outlining the grounds for divorce and relief sought.
2. Service of Summons/Notice: After the petition is filed, the court serves a notice or summons to the respondent, informing them about the petition and the need to respond or appear in court.
3. Response by the Respondent: The respondent has the opportunity to respond to the petition by filing a written reply, acknowledging or contesting the claims made by the petitioner.
4. Evidence and Hearing: Both parties may present evidence to support their claims. This may involve witness statements, documents, or other forms of evidence. The court may conduct hearings to consider the evidence presented.
5. Mediation or Settlement: In some cases, courts may encourage or mandate mediation or settlement discussions to resolve issues amicably between the parties.
6. Interim Orders: During the proceedings, the court may issue interim orders pertaining to custody, maintenance, or other urgent matters until the final judgment is given.
7. Final Judgment: After considering all evidence and arguments, the court gives its final judgment, granting or denying the divorce and settling issues related to alimony, custody, and property division.
5. When the court serves documents to the respondent in a divorce case, it typically includes all the relevant documents submitted by the petitioner as part of the divorce petition. This usually involves more than just the affidavit.
The documents served to the respondent commonly include:
Petition/Affidavit: This document outlines the details of the divorce petition, including the grounds for divorce, details about the marriage, and the relief sought by the petitioner.
Supporting Documents: Any supporting documents or evidence submitted by the petitioner, such as financial records, communication records, agreements, or other relevant materials, might also be included. These documents aim to support the claims made in the petition.
Court Notices/Summonses: The court may also include notices or summonses informing the respondent about their legal obligations to respond or appear in court within a specified period.
The goal of serving these documents is to ensure that the respondent is made aware of the petition and has the opportunity to respond or contest the claims made by the petitioner. This ensures transparency and fairness in the legal process.
7. Writing directly to the Chief Justice of Karnataka or any higher authority to seek information about a specific case, especially regarding the status of document service or accessing case details online, might not be the most effective approach. The judiciary typically operates independently, and there are established procedures for accessing case information, which are managed through the court system. While efforts are made to ensure transparency and accessibility, accessing case-specific details online might not be available for all types of cases or at all stages of the legal process. In India, accessing case information often involves engaging with the court registry or using designated online portals, if available, to check the status of a case. The process might vary based on the specific court and its policies regarding online access to case details.
1. The court will send summons to the respondent, who after that will appear before court and obtain the copies of the documents, if not served along with the summons.
2. No such provisions in law. You can get the details on the next date of hearing from the court directly.
3. How did you come to know that they were not served with the notice?
The question is whether they received the summons sent by court or not, if they received it then they will appear before court on the next date of hearing.
4. You have go wait for the next date of hearing only then you will come to know whether they have received notice sent by court, until then you do not go for any speculation.
5. Sometimes they will be served only with the notice instructing them to appear before court, after which if they will; represent that they did not receive the copy of the petition ad other documents, then the court will supply the same to them, provided it was not sent earlier.
6. Then you can choose a lawyer in the local by changing the current lawyer.
7. No, there is no such provision in law to contact CJI or even the judicial presiding officer of the court concerned for this purpose.
There is a bailiff report filed on record for service of the same to the other side. You can ask the same to the Baliff for the same
