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Ashu singh   28 November 2015

I want to proceed for exparte divorce

I am a final year law student and I want to proceed for exparte divorce so i filed divorce petition and this last hearing was on 23 nov . My wife was not coming to court .i am from delhi and my inlaws reside in kanpur  i serviced summons by all means like wise , Registry , dasti , affixing on the gate of inlaws. i am seperated from my wife since 2010 june . since then my wife is not intrested in living with me . in every service all my in laws had said to process server that `she dont resides with us ` . and not accepting the summons . my father in law denied to take summons . At this hearing at 23 nov judge ordered  Take necessary steps to search the correct address of the respondant . I took a plea infront of judge that cpc order 5 rule 21 and rule 15 apples over here . but he didnot agreed and said that address is wrong and as u r husband . This is your duty to search your wife , i also gave the copy of case Income Tax Commissioner vs daulat ram khanna  AIR 1967 sc 1552 , but he told this the case of income tax commisioner not family court . I repeatedly argued to look but all wastage . Judge is not accepting that it is a service as father of respondent ( my wife`s father ) denied to accept the summon ..... kindly please help cuz i am struggling since 5 years and have child of 8 years of age 



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 1 Replies

Dr J C Vashista (Advocate)     01 December 2015

Dear Mr. Ashu Singh,

There must be something more in the mind of the Court, Order V R 21 CPC is very clear and applicable/acceptable to Family Courts.

Have you consulted some senior lawyer in Delhi, feel free to contact me if you like.

Dr. (Maj) J C Vashista, Advocate

#9891152939 email: majjagdish@yahoo.com

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