Please sir i need urgent guidance


dear sir , my name is john married in june2014  and seprated on september 2014  ,my in laws cheated me saying the girl is normal but she has mental retardation and i filled a divorce pettion , i have the doctors reports ,

2 hearings passed but they did not attend the hearing even the judge was not present  ,later on i came to know they did not receive the summons (girls side) or they are purposely avoiding it by bribing the person who takes the summons , now one of my friend told me  if they did not recieve the summons and they will not come in court then THE CASE WILL BE DISMISSED,

Please help me what should i do if this is true ,my layer is out of town will be back after 3 days , my next hearing is in march , i am planning to change the lawyer ,but please tell me what should i do in this case ,how to stop from case being dismissed

PLEASE HELP ME FIND A WAY, 

 
Reply   
 
Worker

my friend told me  if they did not recieve the summons and they will not come in court then THE CASE WILL BE DISMISSED

 

wrong information.


get the summons by hand and serve it by RPAD


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thank you sir for replying , please tell me even if i send them through this and if they dont receive then what will happen , because in return of summons the reason they have written is no one is at home but they stay there only , i dont know how they have managed this ,

 
Reply   
 
instructor

if they are not receiving the summons then move an application before the court seeking permission for publishing the notice in the news paper , after publishing the notice if opponent party didn't attend the court proceeding on the decided date then you can request the court for exparte decree .you need not have to change the lawyer your case will not dismissed .

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legal advisor

the case wont be dismissed because of the reason that the other side is not appearing.whatever might be the reason the court due to non appearance of the other party will pass a exparte divorce in your favour.if they appear sometime during any of the proceedings they can revoke the proceedings after giving reasons for not appearing.


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thank you very much amitji ,laxmikantji & saravananji for replying and helping me , i speak to my lawyer to move a application for publishing  the notice in the news paper , i was very much worried about the case being dismissed, thank you very much again

god bless

 
Reply   
 

If the summons are served upon the respondent, then the court may order fresh notice to respondent.  Upon this also if the summons are not being served, the court may ask the petitioner to take steps for service of sum on through substituted service of summon.  In that the summons will be served through a publication in the local newspaper, if the respondent choose to not to attend the court even after this, the court will decide the case in the absence of respondent and an exparte divorce decree will be made.


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thank you very much sir for replying and guiding me through this case and i have suggested my lawyer regarding public notification,thank you very much once again

god bless

 
Reply   
 

You are welcome for your appreciations.


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