Hi All,
Recently I asked on this forum about the divorce summons which was served but was lost by the postal authorities. So matter goes this way. The divorce summons (interstate) was duly served on the very first time but the acknowledgement was lost while returning back to court of the petitioner.
When respondent came to know about the case he eloped from the place and was trying hard to avoid fresh summons all the time. All 5 attempts to serve the fresh summons were in vain and the respondent was successfully to linger the case.
One year passed like this. Now after one year, through RTI, Petitioner got the reply from RTI that the summons is duly served on xx/xx/xxxx date with serial no. xxxx and outward no. xxxx . The summons is served to one of the respondent’s relative.
Also, the last summons sent by court came back with the remark “ Mein diye gaye pate pe gaya. Waha pe xxxxxxx(Respondent) ko dhundne ki koshish ki. Waha pe upastit vyakti ne summons lene se inkar kar diya.”
So to finally summarize the service of summons stage during this one year, it is this way:
- We have RTI reply which says that the summons is served.
- We have one more summons returned back with the above mentioned remark.
Now my question is, will these two things will help to start the case ahead? Is this enough to prove that the summons is duly served and can court proceed further for exparte after this?
