Divorce petition

Querist : Anonymous (Querist) 02 January 2012 This query is : Resolved
I got married on may-2009. my wife deserted me from oct-2009 .I approached her in nov-2010 for MCD(thru Adv notice) but she dint reply, rather she send me an threatening Adv notice of 498,domestic violence& demanding huge money in march-2011 on contrary I filled a DV on basis of Mental cruelty in may-2011 my residing state(a).summons were issued twice, her father replied dat her daughter is not staying with him in state(a) and is staying in a different state(b) Wid her brother.3Rd time Court ordered pasting & publication in State (a) As I dint knew her temporary address in state(b). Now she has filled a case of domestic violence against me from state(b).
1) Whether I Shud attend the case in state(b).??
2) Whether I shud inform in my state(a) about the recent case filed against me in state (b).??
3) Is it necessary to inform in state (b) dat my dv petition is in final stage in state(a).??

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Devajyoti Barman (Expert) 03 January 2012
1. Yes , if not then the court would pass ex parte order.
2.Yes
3.Yes but would not be of much help.

NB.- Since your divorce petition is not getting served properly , ask the court to send the summons to the court where she has filed the DV case so that the Magistrate serve the summons to her.

Deepak Nair (Expert) 03 January 2012
Agree with Mr.Barman.
Please follow as advised by mr.Barman.

Querist : Anonymous (Querist) 03 January 2012
mr devajoti thanks.
how is it dat the summons r not served properly..his being a adult member..shud inform her..it can be seen dat he (father)is doing dat deliberately

Querist : Anonymous (Querist) 03 January 2012
Mr deavajoti ..

y a exparte..for me..even i can say summons were not served to me proprely..as some else recievd it on my behalf..dat to a short notice of one day from a diff state...which i received aft 5 days..which was not even signed by court official

Querist : Anonymous (Querist) 03 January 2012
Thanks mr Nair..

pls comment/Suggest.

prabhakar singh (Expert) 03 January 2012
Mr.BARMAN Told you that if you do not appear after due service the court shall pass exparte against you.

M/s. Y-not legal services (Expert) 03 January 2012
while your wife also contesting some one case against you, then what is your problem to serve the summons to your wife?

and one more thing..

".I approached her in nov-2010 for MCD(thru Adv notice) but she dint reply"

you can not compell her to mutual divorce., i feel some thing wrong in your legal notice.,

Shonee Kapoor (Expert) 06 January 2012
Correctly advised by each expert.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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