Divorce case. summons not received issue.

Querist : Anonymous (Querist) 01 June 2023 This query is : Resolved
Can I marry before my divorce case as my ex husband is not attending the court or receiving the summons and I don't know where he's actually and it lasted since from 2yrs.

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Sudhir Kumar, Advocate (Expert) 01 June 2023
No.

Querist : Anonymous (Querist) 01 June 2023
Ok, But where I should search for him? More how many days it'll take for me to get divorce??? I'm in dilemma now....

Advocate Bhartesh goyal (Expert) 01 June 2023
No, you can't marry without getting divorce by competent court and you have to wait till the divorce is granted.If your husband is not receiving summon or summon could not be served then get the summon served through paper publication.

kavksatyanarayana (Expert) 01 June 2023
Yes. You have to wait till the divorce decree orders passed.

Sudhir Kumar, Advocate (Expert) 02 June 2023
https://www.lawyersclubindia.com/experts/divorce-case-summons-not-received-issue--750196.asp

is it same case.

N.K.Assumi (Expert) 02 June 2023
File an application in the court for issuing substituted service, and if the respondent does not appear after the substituted service ex parte proceedings is the only option to come to a logical conclusions of your divorce case.

Querist : Anonymous (Querist) 02 June 2023
Ok. I'll inform my lawyer to follow the same. As my ex husband is taking the legal issues very easily. As he's not caring for the law and justice. He's just barking like a dog that no lawyer or judge can do anything to me.

P. Venu (Expert) 02 June 2023
If the husband is evading summons, you have the option of substituted service. Once Notice is served, you can seek ex-parte hearing if the opposite party continues to play truant.

T. Kalaiselvan, Advocate (Expert) 06 June 2023
You have to wait for the court to pass the divorce decree dissolving your marriage with him, you can become eligible only after that to remarry

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