Madhu Yalagandula 23 February 2017

Court notice has been not issuing for past one year

Hello Sir/Madam this is Madhu(Male) from warangal/Telangana. I got marriage on 5th Nov 2011,Didn't took any dowry while getting marriage,due to some financial issues our marriage life got collapsed I have taken the issue to my community yelders in Hyderabad but my wife side people were not responded so far to the yelders so they have given a certificate to me about her arangant nature,then I apprcohed first in court for divorce after four months of the first notice issued from court they filed a D.V act on me,and after some counselings police have filed F.I.R ,But from 4/1/16 to till date our Lawer failed to send court notice to my wife even I have given all of her residing area and working address but whenever the case was coming to room respected judge sir telling that "Notice was not issued and start new process" so my question is why the court notice is not issued to my wife even Postoffice fellows were also telling we have dispatched the notice,so please kindly advise me about this issue.

Reply Follow

12 Replies

(Guest)

Lot of process involved in giving notice to your wife, all that need tobe followed by your lawyer. If your lawyer is failing in his duty, change him and appoint another advocate. Without notice geting served its problem to proceed with divorce and other proceedings.

Madhu Yalagandula 23 February 2017

Thank you for reply sir,I have done all the things to serve the notice but my Lawer is not showing much interest ,so I decided to change Lawer and presently I have settled in my native area which is same state and 200 km faraway from present court so how can I transfer my case to other court which is at my native place and the case history remains as it is or should I start from first step?

Madhu Yalagandula 23 February 2017

(Guest)

You need to approach Appelate court for transfer of your case.

Mukesh sharma (job ) 24 February 2017

Hello Madhu here i say only one thing if court not issue any notice to your wife yet that is not court fault that all yoour lawyer fault if your lawyer not proceeding your case well and not reach to further any way to get any result than you may change your lawyer and start process with good way.

estranged wife (Housewife) 24 February 2017

I am not a lawyer.I faced same problem like you.Whatever i know from my personal experiance in my case i am sharing with you.

1-When you register a case court orders to issue notice first time.

2-It is than the lawyer who will persue court clerks and see that notice is posted by registered post with acknowledgement.

3-That registered post will be delivered and signed acknowledgement will come back to court and court clerk will put it in your file.If the registered letter is not delivered it will come back to court with remark refused/door locked/incorrect address etc and court clerk will put it in file.

4-on next date lawyer will tell the situation to Judge who will than order to issue notice again.

5-You can see your case file by paying the nominal court fee.You need to see what happened to first notice.If neither acknowledgement is there nor that registered letter is in your file than ask the court clerk if he has the postal receipt by which they sent it.You can than take the tracking number and see details on indiapost website.It will show when notice was posted and when delivered and if not delivered when it was sent back to the court.Your lawyer can produce the printout and request judge to order for issuing notice again.In my city printouts from indiapost website are generally accepted and my new lawyer produced it to get order of issue notice second time.

6-It is not the courts fault,your lawyer is not following up.

I am not a lawyer.I replied to your post because i faced same problem.

(Guest)

It appears that you did not pay adequate fees to your advocate. Pay fees to your advocate, that will put petrol in his engine and case move in full speed. Vroooooom.

Madhu Yalagandula 24 February 2017

Thank you@estrangedwife for your valuable suggestions I hope in my problem the Lawer is not showing interest, tomorrow I will track the notice whether was it served or not to my wife.

Madhu Yalagandula 24 February 2017

To @Helping hand sir I have paid 3/4 of the amount so far that too even he didn't served a single notice to my wife I told him before if you tried to attend my wife into court I wolud pay more than you want but yet he is unable to do his job.

Madhu Yalagandula 24 February 2017

(Guest)

Originally posted by : Madhu Yalagandula
	To @Helping hand sir I have paid 3/4 of the amount so far that too even he didn't served a single notice to my wife I told him before if you tried to attend my wife into court I wolud pay more than you want but yet he is unable to do his job.

Change lawyer. Dont wait for NOC. Simply hire another lawyer. You are simply wasting time by waiting for this lawyer to do work. It might be so that your lawyer is compromised with opposite party, cant say.