Originally posted by : Nithya
	Summary so far: Married in 1997, Lived separated since 2007, for reasons of incompatibility, infidelity, emotional abuse, etc etc. Applied for divorce, (contested), in 2013, but was obtained judgement of 'Legal Separation'., in 2014. Reasons: Notice was not served to the party, expected an exparte divorce, but that did not happen. Point to be noted: Paper publication was done. Now: Applied for divorce again, citing am its more than 3 years after judicial separation. But the court procedures are just dragging, each time, a new 'hearing date' is given. Again, the reason is the same, court notice is not served.  I have checked, the address is right, but he is smart enough and rejecting any court notice by claiming a condition, person do not exist in that address.  Whereas, he is receiving kids' school letters etc and responding to the kid. In such a condition, how is it possible to obtain a divorce? How long will the Judge slog my case like this, is there no easier Judicial remedy ? Seems Indian Law system is moving at a snail pace.... or even worser.

What is the hurry? You have got 2 kids out of 1st marriage. 1st marriage ended up in bad divorce. As if that wasnt enuf you got into another relationshp.  It is unclear from your post as to when you got married to 2nd guy.

You are member in this forum since :Member Since : 05 February 2013  (Bangalore)

Read more at: https://www.lawyersclubindia.com/profile.asp?member_id=217634

This is 2018.  5 years already gone just posting same story with new twists.

I cannot understand why you need divorce this time. The 2nd husband ran away.  He will never come back.  But still you want divorce from him.  Are you wanting to marry  3rd time? Is that why you need divorce 2nd time?

Take mutual divorce. Thats the easier route if divorce is the only thing you want. Or else simply move in with whomever you want. Marriage does not make sense at your age and that too 3rd time, sheena will be shy now. :

Originally posted by : Rama Kumara
	Originally posted by : Nithya Summary so far: Married in 1997, Lived separated since 2007, for reasons of incompatibility, infidelity, emotional abuse, etc etc. Applied for divorce, (contested), in 2013, but was obtained judgement of 'Legal Separation'., in 2014. Reasons: Notice was not served to the party, expected an exparte divorce, but that did not happen. Point to be noted: Paper publication was done. Now: Applied for divorce again, citing am its more than 3 years after judicial separation. But the court procedures are just dragging, each time, a new 'hearing date' is given. Again, the reason is the same, court notice is not served.  I have checked, the address is right, but he is smart enough and rejecting any court notice by claiming a condition, person do not exist in that address.  Whereas, he is receiving kids' school letters etc and responding to the kid. In such a condition, how is it possible to obtain a divorce? How long will the Judge slog my case like this, is there no easier Judicial remedy ? Seems Indian Law system is moving at a snail pace.... or even worser.     What is the hurry? You have got 2 kids out of 1st marriage. 1st marriage ended up in bad divorce. As if that wasnt enuf you got into another relationshp.  It is unclear from your post as to when you got married to 2nd guy. You are member in this forum since :Member Since : 05 February 2013  (Bangalore) Read more at: https://www.lawyersclubindia.com/profile.asp?member_id=217634 This is 2018.  5 years already gone just posting same story with new twists. I cannot understand why you need divorce this time. The 2nd husband ran away.  He will never come back.  But still you want divorce from him.  Are you wanting to marry  3rd time? Is that why you need divorce 2nd time? Take mutual divorce. Thats the easier route if divorce is the only thing you want. Or else simply move in with whomever you want. Marriage does not make sense at your age and that too 3rd time, sheena will be shy now. :

Guess you have mixed up things....

I am here for a legal solution, and not for any personal advice.

For your information, i was married only once. When i could not obtain a divorce, how is it possible to remarry? I never married second time.

Mutual divorce is not possible, as he is not willing, he just wants to keep the marriage tag intact, for the reasons known only to him.  We have been living separately in different cities since 2007.

Remarrying or not - is my choice, am not looking for advice from others on this. You may mind your own business.

Am seeking Divorce for certain other reasons.

What am looking here is only for a legal solution....

Originally posted by : Nithya
	Summary so far: Married in 1997, Lived separated since 2007, for reasons of incompatibility, infidelity, emotional abuse, etc etc. Applied for divorce, (contested), in 2013, but was obtained judgement of 'Legal Separation'., in 2014. Reasons: Notice was not served to the party, expected an exparte divorce, but that did not happen. Point to be noted: Paper publication was done. Now: Applied for divorce again, citing am its more than 3 years after judicial separation. But the court procedures are just dragging, each time, a new 'hearing date' is given. Again, the reason is the same, court notice is not served.  I have checked, the address is right, but he is smart enough and rejecting any court notice by claiming a condition, person do not exist in that address.  Whereas, he is receiving kids' school letters etc and responding to the kid. In such a condition, how is it possible to obtain a divorce? How long will the Judge slog my case like this, is there no easier Judicial remedy ? Seems Indian Law system is moving at a snail pace.... or even worser.

Unless you satisy the Court on the service part, it will be difficult to get the matter to proceed ex-parte. You have mentioned he recieves kids school letters on that address right? If you can get your hands on those reciepts or the letters he sends to the kids, you an rely upon those  to convince the Court that he is staying on that address. That should suffice.

Originally posted by : Nithya
	Originally posted by : Rama Kumara Originally posted by : Nithya Summary so far: Married in 1997, Lived separated since 2007, for reasons of incompatibility, infidelity, emotional abuse, etc etc. Applied for divorce, (contested), in 2013, but was obtained judgement of 'Legal Separation'., in 2014. Reasons: Notice was not served to the party, expected an exparte divorce, but that did not happen. Point to be noted: Paper publication was done. Now: Applied for divorce again, citing am its more than 3 years after judicial separation. But the court procedures are just dragging, each time, a new 'hearing date' is given. Again, the reason is the same, court notice is not served.  I have checked, the address is right, but he is smart enough and rejecting any court notice by claiming a condition, person do not exist in that address.  Whereas, he is receiving kids' school letters etc and responding to the kid. In such a condition, how is it possible to obtain a divorce? How long will the Judge slog my case like this, is there no easier Judicial remedy ? Seems Indian Law system is moving at a snail pace.... or even worser.     What is the hurry? You have got 2 kids out of 1st marriage. 1st marriage ended up in bad divorce. As if that wasnt enuf you got into another relationshp.  It is unclear from your post as to when you got married to 2nd guy. You are member in this forum since :Member Since : 05 February 2013  (Bangalore) Read more at: https://www.lawyersclubindia.com/profile.asp?member_id=217634 This is 2018.  5 years already gone just posting same story with new twists. I cannot understand why you need divorce this time. The 2nd husband ran away.  He will never come back.  But still you want divorce from him.  Are you wanting to marry  3rd time? Is that why you need divorce 2nd time? Take mutual divorce. Thats the easier route if divorce is the only thing you want. Or else simply move in with whomever you want. Marriage does not make sense at your age and that too 3rd time, sheena will be shy now. : Guess you have mixed up things.... I am here for a legal solution, and not for any personal advice. For your information, i was married only once. When i could not obtain a divorce, how is it possible to remarry? I never married second time. Mutual divorce is not possible, as he is not willing, he just wants to keep the marriage tag intact, for the reasons known only to him.  We have been living separately in different cities since 2007. Remarrying or not - is my choice, am not looking for advice from others on this. You may mind your own business. Am seeking Divorce for certain other reasons. What am looking here is only for a legal solution....

Sorry, 2nd one is lover, 1st one is husband.  1st one is not giving you divorce and in meantime you found love in 2nd one (cab driver).

2nd one ran away due to your headache behaviour. 1st one not giving you divorce so that he can keep you hanging.  You have failed at live-in with 2nd one which is cabbie. Failed in marriage which is 1st one (Sapinda Marriage).

And now you want divorce from 1st one?

Options are:  Take mutual divorce.  You are discussing serving of notice from court.  In past 5 years you could not get one notice issued and reached to 1st one? I feel you have not paid fees to your advocate.  Still limping around notice serving to OP? since past 5 years? Does not make sense at all.  Either you are imagining a lot or this is a fake query.  But still I dont see any need for person like you to go for divorce, you also supposedly got back the cab from the cabbie which you financed out of love by way of bank loan.

Either party to the marriage, whether solemnized before or after commencement of the Hindu Marriage Act, 1955 can under Section 10 of the Act file a petition for judicial separation. ... Rights and obligations remain suspended during the period ofseparation. The grounds for judicial separation are same as for divorce.

Grounds for divorce in India as per Hindu Marriage Act:

• Adultery. Either party to the marriage may present a petition for divorce under cl. ...

• Cruelty. ...

• Desertion. ...

• Conversion. ...

• Unsoundness of mind. ...

• Schizophrenia. ...

• Virulent and incurable leprosy. ...

• Venereal disease in communicable form.

You are stuck at notice, When will you get divorced??? Divorce at age of 60 is of no use.  Better to concentrate on finding suitable boys for your girls than thinking about your own divorce at this age.

Originally posted by : Adv Radhika Mehta
	Originally posted by : Nithya Summary so far: Married in 1997, Lived separated since 2007, for reasons of incompatibility, infidelity, emotional abuse, etc etc. Applied for divorce, (contested), in 2013, but was obtained judgement of 'Legal Separation'., in 2014. Reasons: Notice was not served to the party, expected an exparte divorce, but that did not happen. Point to be noted: Paper publication was done. Now: Applied for divorce again, citing am its more than 3 years after judicial separation. But the court procedures are just dragging, each time, a new 'hearing date' is given. Again, the reason is the same, court notice is not served.  I have checked, the address is right, but he is smart enough and rejecting any court notice by claiming a condition, person do not exist in that address.  Whereas, he is receiving kids' school letters etc and responding to the kid. In such a condition, how is it possible to obtain a divorce? How long will the Judge slog my case like this, is there no easier Judicial remedy ? Seems Indian Law system is moving at a snail pace.... or even worser.     Unless you satisy the Court on the service part, it will be difficult to get the matter to proceed ex-parte. You have mentioned he recieves kids school letters on that address right? If you can get your hands on those reciepts or the letters he sends to the kids, you an rely upon those  to convince the Court that he is staying on that address. That should suffice.

Yes, How do i do the service part?

We have tried RPAD.

Letters from Kids college go to the same address and his receives it. And responds to daughter. College does not send registered post.

Is there any other way ??

Can i send a RPAD - self or through my daughter, (the same petition), will the court accept that acknowledgement?

Or any other way?

Originally posted by : Ramoji Kumar
	Originally posted by : Nithya Originally posted by : Rama Kumara Originally posted by : Nithya Summary so far: Married in 1997, Lived separated since 2007, for reasons of incompatibility, infidelity, emotional abuse, etc etc. Applied for divorce, (contested), in 2013, but was obtained judgement of 'Legal Separation'., in 2014. Reasons: Notice was not served to the party, expected an exparte divorce, but that did not happen. Point to be noted: Paper publication was done. Now: Applied for divorce again, citing am its more than 3 years after judicial separation. But the court procedures are just dragging, each time, a new 'hearing date' is given. Again, the reason is the same, court notice is not served.  I have checked, the address is right, but he is smart enough and rejecting any court notice by claiming a condition, person do not exist in that address.  Whereas, he is receiving kids' school letters etc and responding to the kid. In such a condition, how is it possible to obtain a divorce? How long will the Judge slog my case like this, is there no easier Judicial remedy ? Seems Indian Law system is moving at a snail pace.... or even worser.     What is the hurry? You have got 2 kids out of 1st marriage. 1st marriage ended up in bad divorce. As if that wasnt enuf you got into another relationshp.  It is unclear from your post as to when you got married to 2nd guy. You are member in this forum since :Member Since : 05 February 2013  (Bangalore) Read more at: https://www.lawyersclubindia.com/profile.asp?member_id=217634 This is 2018.  5 years already gone just posting same story with new twists. I cannot understand why you need divorce this time. The 2nd husband ran away.  He will never come back.  But still you want divorce from him.  Are you wanting to marry  3rd time? Is that why you need divorce 2nd time? Take mutual divorce. Thats the easier route if divorce is the only thing you want. Or else simply move in with whomever you want. Marriage does not make sense at your age and that too 3rd time, sheena will be shy now. : Guess you have mixed up things.... I am here for a legal solution, and not for any personal advice. For your information, i was married only once. When i could not obtain a divorce, how is it possible to remarry? I never married second time. Mutual divorce is not possible, as he is not willing, he just wants to keep the marriage tag intact, for the reasons known only to him.  We have been living separately in different cities since 2007. Remarrying or not - is my choice, am not looking for advice from others on this. You may mind your own business. Am seeking Divorce for certain other reasons. What am looking here is only for a legal solution.... Sorry, 2nd one is lover, 1st one is husband.  1st one is not giving you divorce and in meantime you found love in 2nd one (cab driver). 2nd one ran away due to your headache behaviour. 1st one not giving you divorce so that he can keep you hanging.  You have failed at live-in with 2nd one which is cabbie. Failed in marriage which is 1st one (Sapinda Marriage). And now you want divorce from 1st one? Options are:  Take mutual divorce.  You are discussing serving of notice from court.  In past 5 years you could not get one notice issued and reached to 1st one? I feel you have not paid fees to your advocate.  Still limping around notice serving to OP? since past 5 years? Does not make sense at all.  Either you are imagining a lot or this is a fake query.  But still I dont see any need for person like you to go for divorce, you also supposedly got back the cab from the cabbie which you financed out of love by way of bank loan. Either party to the marriage, whether solemnized before or after commencement of the Hindu Marriage Act, 1955 can under Section 10 of the Act file a petition for judicial separation. ... Rights and obligations remain suspended during the period ofseparation. The grounds for judicial separation are same as for divorce. Grounds for divorce in India as per Hindu Marriage Act: Adultery. Either party to the marriage may present a petition for divorce under cl. ... Cruelty. ... Desertion. ... Conversion. ... Unsoundness of mind. ... Schizophrenia. ... Virulent and incurable leprosy. ... Venereal disease in communicable form. You are stuck at notice, When will you get divorced??? Divorce at age of 60 is of no use.  Better to concentrate on finding suitable boys for your girls than thinking about your own divorce at this age.

I found out who you are .....

Starting with Helping Hand, how many IDs have you created here???

Being an advocate, have you ever given any judicial solution to anyone so far ?

Just because you had a bitter divorce, it does not mean that you can talk to others anyway you want....

And you are not supposed to try to find females for you in a professional website like this, mind it.

Now, you can go, close this ID and open a new ID and continue following females, one by one !!!!

Originally posted by : Nithya
	Originally posted by : Ramoji Kumar Originally posted by : Nithya Originally posted by : Rama Kumara Originally posted by : Nithya Summary so far: Married in 1997, Lived separated since 2007, for reasons of incompatibility, infidelity, emotional abuse, etc etc. Applied for divorce, (contested), in 2013, but was obtained judgement of 'Legal Separation'., in 2014. Reasons: Notice was not served to the party, expected an exparte divorce, but that did not happen. Point to be noted: Paper publication was done. Now: Applied for divorce again, citing am its more than 3 years after judicial separation. But the court procedures are just dragging, each time, a new 'hearing date' is given. Again, the reason is the same, court notice is not served.  I have checked, the address is right, but he is smart enough and rejecting any court notice by claiming a condition, person do not exist in that address.  Whereas, he is receiving kids' school letters etc and responding to the kid. In such a condition, how is it possible to obtain a divorce? How long will the Judge slog my case like this, is there no easier Judicial remedy ? Seems Indian Law system is moving at a snail pace.... or even worser.     What is the hurry? You have got 2 kids out of 1st marriage. 1st marriage ended up in bad divorce. As if that wasnt enuf you got into another relationshp.  It is unclear from your post as to when you got married to 2nd guy. You are member in this forum since :Member Since : 05 February 2013  (Bangalore) Read more at: https://www.lawyersclubindia.com/profile.asp?member_id=217634 This is 2018.  5 years already gone just posting same story with new twists. I cannot understand why you need divorce this time. The 2nd husband ran away.  He will never come back.  But still you want divorce from him.  Are you wanting to marry  3rd time? Is that why you need divorce 2nd time? Take mutual divorce. Thats the easier route if divorce is the only thing you want. Or else simply move in with whomever you want. Marriage does not make sense at your age and that too 3rd time, sheena will be shy now. : Guess you have mixed up things.... I am here for a legal solution, and not for any personal advice. For your information, i was married only once. When i could not obtain a divorce, how is it possible to remarry? I never married second time. Mutual divorce is not possible, as he is not willing, he just wants to keep the marriage tag intact, for the reasons known only to him.  We have been living separately in different cities since 2007. Remarrying or not - is my choice, am not looking for advice from others on this. You may mind your own business. Am seeking Divorce for certain other reasons. What am looking here is only for a legal solution.... Sorry, 2nd one is lover, 1st one is husband.  1st one is not giving you divorce and in meantime you found love in 2nd one (cab driver). 2nd one ran away due to your headache behaviour. 1st one not giving you divorce so that he can keep you hanging.  You have failed at live-in with 2nd one which is cabbie. Failed in marriage which is 1st one (Sapinda Marriage). And now you want divorce from 1st one? Options are:  Take mutual divorce.  You are discussing serving of notice from court.  In past 5 years you could not get one notice issued and reached to 1st one? I feel you have not paid fees to your advocate.  Still limping around notice serving to OP? since past 5 years? Does not make sense at all.  Either you are imagining a lot or this is a fake query.  But still I dont see any need for person like you to go for divorce, you also supposedly got back the cab from the cabbie which you financed out of love by way of bank loan. Either party to the marriage, whether solemnized before or after commencement of the Hindu Marriage Act, 1955 can under Section 10 of the Act file a petition for judicial separation. ... Rights and obligations remain suspended during the period ofseparation. The grounds for judicial separation are same as for divorce. Grounds for divorce in India as per Hindu Marriage Act: Adultery. Either party to the marriage may present a petition for divorce under cl. ... Cruelty. ... Desertion. ... Conversion. ... Unsoundness of mind. ... Schizophrenia. ... Virulent and incurable leprosy. ... Venereal disease in communicable form. You are stuck at notice, When will you get divorced??? Divorce at age of 60 is of no use.  Better to concentrate on finding suitable boys for your girls than thinking about your own divorce at this age.     I found out who you are ..... Starting with Helping Hand, how many IDs have you created here??? Being an advocate, have you ever given any judicial solution to anyone so far ? Just because you had a bitter divorce, it does not mean that you can talk to others anyway you want.... And you are not supposed to try to find females for you in a professional website like this, mind it. Now, you can go, close this ID and open a new ID and continue following females, one by one !!!!

You will be suprised to hear that I found out who that cab driver is. More surprised I was when that fellow contacted me for advice. Ek se tera kya hoga  Do not go for divorce... Look at yourself where you are going what you are doing.

My petition was/ and is for divorce only.  I had been living separated since 2007.

I applied for divorce in 2013, but after all the court proceeding for about an year, the judgement proclaimed was 'judicial separation'. I guess the Judge felt that since the notice is not served, exparte divorce cannot be given. It was entirely Judge's discretion.

Now again in 2018, i have applied for divorce, same story continues, the person is just ignoring the court notices which is reaching him at his address.

That's why i have posted my query here, is there any other way in which the notice can be served.

I even suggested my advocate that - he send someone in person, and take a photograph of handing over the notice to him, and keep the photograph as a proof.

He says it has to go through the court only, not even private couriers are possible, we got to rely only on RAPD.

In which century are we in???? Indian law has to cope up with the advancements in technology.

Originally posted by : Ramoji Kumar
	You will be suprised ......

I know what am doing .... I need a divorce now. To get rid of the negative comments on me.

As an educated person, am seeking it legally.

Dont want to become an evil source.... when people/society bother me.

If nothing works, i have to become one.

If the primary concern of all the advocates out here is to know what is the fee I paid?

I had paid close to 80k in 2013, applied for divorce - judgement '''judicial separation'. Advocates (two - husband and wife) showed a sorry figure.

This time in 2018, I have a quote of 1.2L and I have paid half of it so far. 

My concern is - how do I make the other party accept the notice., when is purposely and consciously rejecting it? Serving notice is the essential thing to get a exparte divorce.

Originally posted by : Adv Kamakshi (Nellore)
	Originally posted by : Nithya If the primary concern of all the advocates out here is to know what is the fee I paid? I had paid close to 80k in 2013, applied for divorce - judgement '''judicial separation'. Advocates (two - husband and wife) showed a sorry figure. This time in 2018, I have a quote of 1.2L and I have paid half of it so far.  My concern is - how do I make the other party accept the notice., when is purposely and consciously rejecting it? Serving notice is the essential thing to get a exparte divorce. Since 05 February 2013 you have same problem? Spent 80000 on 1 advocate. Again spent 1.2 lakh on advocate 2? Are you sure?  Let some other advocate give you advice.  Your case is fake one.

It's not cases are fake. There are many advocates in the field who just are interested in making money. They take money and do not bring out the necessary professional output, so naturally people like me lose hope in the judicial system.

People should be allowed to present themselves at courts. They should be given time to be heard.  Instead, Just reading the case number and giving a new hearing date is what is happening most of the time.

It's not only funny, it's uttter waste of time, taking time out from job and being present there to watch just this.

Hope advocates can understand this.

Originally posted by : Nithya
	Originally posted by : Nithya If the primary concern of all the advocates out here is to know what is the fee I paid? I had paid close to 80k in 2013, applied for divorce - judgement '''judicial separation'. Advocates (two - husband and wife) showed a sorry figure. This time in 2018, I have a quote of 1.2L and I have paid half of it so far.  My concern is - how do I make the other party accept the notice., when is purposely and consciously rejecting it? Serving notice is the essential thing to get a exparte divorce. Since 05 February 2013 you have same problem? Spent 80000 on 1 advocate. Again spent 1.2 lakh on advocate 2? Are you sure?  Let some other advocate give you advice.  Your case is fake one.       It's not cases are fake. There are many advocates in the field who just are interested in making money. They take money and do not bring out the necessary professional output, so naturally people like me lose hope in the judicial system. So whats the problem? You want somene to revive your faith in judiciary? Judges themselves are having a verbal spat every second day on live tv. What more can you expect from Courts? People should be allowed to present themselves at courts. They should be given time to be heard.  Instead, Just reading the case number and giving a new hearing date is what is happening most of the time. It's not only funny, it's uttter waste of time, taking time out from job and being present there to watch just this. https://www.lawyersclubindia.com/experts/How-to-stop-advocates-from-entering-into-family-court--677146.asp Thats whom you should contact. Raksh*ta Malur. Hope advocates can understand this.

So now  you have two  jobs. One to secure reciept of notice from court to your husband 1. Second one is making advocates understand the above.

Originally posted by : Ramoji Kumar
	So now  you have two  jobs. One to secure reciept of notice from court to your husband 1. Second one is making advocates understand the above.

No. I just want one thing - The DIVORCE. 

For which I want the support of the judiciary system - which includes Judge, advocate, and anyone who can advice me positively on that. That's it.