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Vishali kumar (housemaker)     25 March 2021

Applied mutual divorce, i did not get the summons yet

We gone for divorce. I did not get the summons yet from the court. Its been two month from case filing. Case shows service pending. In this covid time, is there any other way to get summons directly from court. I am the respondent. 

My case is next month date. What to do. Without receiving summons can I appear on the court. Or case can continue.

Please suggest me on this. Thanks

 



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 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     25 March 2021

Hello,

In mutual consent divorce petition court will not issue notices to the parties. You have to remain present before the court as per the court date. 

Vishali kumar (housemaker)     25 March 2021

thanks for the reply sir, I mistakenly  wrote mutual divorce. It is a contested divorce, I am respondent. So please let me know the details. Thanks

Sanjay Narayandas (Advocate)     25 March 2021

Correct me if I am wrong about the facts of your matter as I have understood by what you have written -

Your spouse has filed a divorce petition against you and you are yet to receive any notice for summons from the court. Now, you want to know if you don't appear in court, then will the court pass anything or proceed against you with the case? 

Well, first of all, as long as you don't receive the summons and sign the acknowledgement of the summons, the court will await for your acknowledgement sign on the notice from the postal department and only then it will proceed with the case. So,no adverse orders against you will be passed. 

But when that case was filed, if you received an SMS or email alert from the court services informing the date of hearing and O.P no. then it is a different matter and you might have to appear. 

Anywhichway, from the little information you have provided I have explained a few scenarios but since there is ambiguity in your facts you can contact me if these scenarios don't apply to you or you have any further queries.

Vishali kumar (housemaker)     25 March 2021

Thanks for the information sir, yes he filed a case and I am waiting for the summon from the court. I did not get any sms or email from court yet. But his advocate sent me a msg about o.p no and date. He filed a case in jan . Still I did not received the summons.  Is this normal or can I go and get the summon directly from court. Is that possible. 

Please suggest me. Thanks


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