A Good guy (None) 04 April 2018

Is service of divorce petition to father valid?

I am an NRI and my father was attending the family court to submit my absence petition in CrPC 125. The other side served my father divorce petition from my wife and got my father to sign that he received a copy.

Q1. Is the above delivery of summons to my father be considered as a valid delivery to me?

Q2. If yes, can I request that I be granted a divorce based on cruelty in my counter? Or, do I need to first disprove her divorce case and then file a fresh divorce case against her?

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Vijay Raj Mahajan (Advocate) 04 April 2018

The summon service to father will be considered valid service to you through your father. You need to appoint advocate to represent you in the family court for divorce case. The proper reply to the petition will have to be filled on your behalf and alternate relief of divorce granted to you on her acts of cruelty can always be sought by you in your Written Statement filled in the divorce case.