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Baadal khurana (none)     22 April 2015

Serving summons online

 

1) I have HMA13B mutual divorce case going on. During first  motion video conference both parties could not agree for divorce and case continued.
 
2) In the mean time  while the mutual consent HMA13B case was still pending unconcluded, one of the parties filed for divorce case under section 13 . The case under section 13 is filed in the same court with same judge as 13B case.The party  who  filed case under HMA 13 have not been able to legally serve  summons to other party.
 
If there is second video conference for mutual consent 13B case, Can one  party serve  summons  to other party for case under 13 during video conference of 13B case ?


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 4 Replies

**Victim** (job)     22 April 2015

Your query seems to be confusing. Why is it that court is trying to serve if the both party is appearing either by video conferencing or in-person ?

saravanan s (legal advisor)     22 April 2015

its not clear stated whether you both dint agree to divorce under mutual consent or you both decided to join together instead of going for divorce during the first motion.kindly clarify

if one of the parties of mcd during the first or the second motion doesnt agree for divorce on basis of mutual consent then the 13b case would be dismissed.there wont be any second motion

Baadal khurana (none)     22 April 2015

 

 

During first motion of mutual consent case, we requested more time to sort out issues and hence did not agree for divorce. The mutual consent divorce is still ongoing. The issues are NOT settled yet and while mutual consent case is pending, other party has filed for contested divorce case. The summons for contested divorce case is not served yet.  Now there will be second motion of mutual consent divorce. Can someone serve summons for contested divorce while other party is present for video conference of mutual consent case ?

Let me know if further clarification required.

Baadal khurana (none)     22 April 2015

 

During first motion of mutual consent case, we requested more time to sort out issues and hence did not agree for divorce. The mutual consent divorce is still ongoing. The issues are NOT settled yet and while mutual consent case is pending, other party has filed for contested divorce case. The summons for contested divorce case is not served yet.  Now there will be second motion of mutual consent divorce. Can someone serve summons for contested divorce while other party is present for video conference of mutual consent case ?

Let me know if further clarification required.

 

 

 

Originally posted by : saravanan.s


its not clear stated whether you both dint agree to divorce under mutual consent or you both decided to join together instead of going for divorce during the first motion.kindly clarify

if one of the parties of mcd during the first or the second motion doesnt agree for divorce on basis of mutual consent then the 13b case would be dismissed.there wont be any second motion

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