Summons returned saying addressee is not at this address

Guest (Querist) 18 March 2014 This query is : Resolved
I'm the respondent in a divorce case filed by wife. She had herself submitted virginity certificate issued by a govt. doctor during the evidence stage on condition that the admissibility of the same is subjected to the doctors examination as witness. After that, she also filed application for virginity test by medical board, but my adv. objected the same saying that the already submitted virginity certificate should be disproved before allowing her fresh application. The court admitted the objection and kept her application pending.

The trial started one month back, and her examination/cross completed. Now, the court sent summons to the doctor to appear as witness, but the same returned saying addressee is not at this address.

1) So, whose responsibility is to find the present address of the doctor and give the same to the court?

2)If her present virginity certificate is dismissed due to the non appearance of the doctor, can she request the court to send her to medical board for virginity test as she already requested in the pending application?

Please help.

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Nadeem Qureshi (Expert) 18 March 2014
it is the duty of the party who want to examine the doctor.

Guest (Querist) 18 March 2014
2)If her present virginity certificate is dismissed due to the non appearance of the doctor, can she request the court to send her to medical board for virginity test as she already requested in the pending application?

ajay sethi (Expert) 18 March 2014
since your wife has produced doctor certificate she should find his address . no harm in you also making efforts in this regard . court will consider her application for examination by medical board if doctor cannot be traced

Rajendra K Goyal (Expert) 18 March 2014
Well advised by the expert ajay sethi ji, agree to it.

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