I am an Indian national currently living in India. I used to be a NRI. My wife is residing & working abroad sued to have my own business, due to heavy losses I had to close my business & started working as an employee. So as per eyes of my wife I was no more a respected husband because I had no more money. Slowly -2 I was insulted,maltreated & harassed by my in-laws ,I continued to suffer due to my son ,but lastly I landed in depression & due to my health I had to come to india. i am still on a small medication but ready to work. I have tried too hard to save my marriage for the sake of my son but my wife feel not to continue. She feels that I am no more eligible for her husband as I am broken financially.
After waiting more than 3 years now I have filled a divorce u/s 13(1) ,before this I have intimate my wife by sending a mail & an advocate notice by post to appear in court for mutual consent divorce but she wrote on chat that she cannot come to india. So after presenting my petition, judge has asked to serve notice to my wife through embassy.as information I have the notice service through embassy takes months.
I was going through a few post in this forum ,in this thread https://www.lawyersclubindia.com/forum/Summon-outside-India-39625.asp
In the same post respected experts has advised that the notice for divorce proceedings (purely civil proceedings and have no connection to the criminal proceedings) and Order V of the Civil Procedure Code is applicable hence can be sent by Registered Post / Ack. Due, speed post (if service is available).
as service by embassy in jurisdiction will take months to complete, so by sending a separate copy of court notice by Registered speed Post / Ack. Due, as well another copy through Embassy (or MEA ) ,if notice get served by registered post early , can my lawyer insist judge to proceed further even the notice service through embassy not completed till that date? Thanking you.
