rakeshkumar 25 May 2015

Want to understand proceeding for exparte divorice

Hi, Could you please someone explain the proceding for exparte divorce. I feel my lawyer is cheating on me to get more and more money from me. I am out of India so I am not able to verify the actuals. my lawyer had filled divorce petetion in Jan,2005 end in Delhi Saket family court and first hearing was on 25th May,2015. I know the notice will not be served at the mentioned address of my wife as she is absconding and she is not staying the address where she was staying what I know.Lawyer is saying the court has directed to go for newspapaer publication. I am just surprised that how come in first hearing itself ? Can it happen? my Lawyer has already charged 11000 from me extra to pay letegation changes fee for my wife asaying DD need to be submitted in court in wife's name. Now He is saying that he need money to pay in court for paper publication. Can someone tell if we have to pay the same to court or we have to publish ourself and need to show the evidence to court.

Is there any means so that I can go to court and verify evertying there likes when was/is my date and status etc to make sure that my lawyer is not cheating on me?

Thanks in advance on response from you.

Regards, Rakesh

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8 Replies

Adv. Nikhil Seth (legal consultant (9867264707)) 25 May 2015

At the outset if summon is not received by your wife . one need to check out reason why she could not get summon. Address changes, wrong address there could be other reasons also . After verifying the reason . If she has refused than you can press for exparte orders. In the event if wrong address than you need to put correct address on record. Before publiction of address in newspaper there is pasting process as per cpc procedure .Publication is lasr resource and for that you have to make an application before the court for publication . After permission of the court the said publcation has to be made in local newspapaer in english and other in regional language where your wife is residing.

Regards,

Adv.Nikhil Seth

Mumbai

9867264707

SAINATH DEVALLA (LEGAL CONSULTANT) 26 May 2015

Rightly adviced by Adv Nikhil

richardjohnson 26 May 2015

If notice is not received by your wife then you need to check out reason why she could not get notice. If the address is wrong then add the correct address. After she getting the notice and did not appear in court, you can go for exparte divorce.

rakeshkumar 26 May 2015

How to make publication in newspaper? Do I need to pay amount in court and court will manage that if yes then how much amount? or if I need to make publication in newspaper and need to share the proof in court? Regards, Rakesh

Adv k . mahesh (advocate) 27 May 2015

if notices are returned then your lawyer has to take permission for newspaper publication and court will grant four weeks times and he has to take initiative to publish in the newspaper and even then if your wife does not appear then he has to insist for ex-parte order

rakeshkumar 27 May 2015

I am not getting my reply. Do I need to make any payment to court for newspaper publication?

T. Kalaiselvan, Advocate (Advocate) 30 May 2015

The court will not order for paper publication in the first hearing itself if he summons have been returned due to non-availability of the respondent in that address. The court will ask the petitioner to send fresh summons to new address if known.It is only after taking this step the court if requested may permit the petition to take steps for substituted service of summons under O5 Rule 20 CPC, and that step will be to serve summon through a popular local newspaper either in English or in vernacular language.

About the DD or some other aspect for which your lawyer demanded extra money, just like that extra money only, there is no such reason in this case.

For paper publication, it is the petitioner who will bear the expenses of getting it published in the newspaper and he need not deposit that amount in the court. If you suspect your lawyer, change him/her immediately.