Divorce on grounds of desertion

BN (Querist) 12 September 2015 This query is : Resolved
This is a case of wife deserting the husband for more than 2 years and husband filing divorce with family court.
Both resided in Hyderabad and wife has left to Kolkata. Case filed in Hyderabad and the wife is avoiding the summons by managing the postman. Wife doesn't have any demands and at the same time not interested for mutual divorce or to attend court. Case is unable to proceed further for non serving of summons. 3 queries related to this.
1. What are the options left if summons are not served.
2. For how long can the court keep the case running unable to serve summons.
3. Whether divorce is possible in such a condition.
Please give a solution

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SAINATH DEVALLA (Expert) 12 September 2015
Well U can pray to the court for a speedy trail and disposal and grant expartee dvorce decree as the respondent is wantedly avoiding summons.

Make sure that she is not after woman oriented criminal cases against U.

BN (Querist) 12 September 2015
What is the maximum number of postponements / dates a court can take in such a matter

SAINATH DEVALLA (Expert) 12 September 2015
When was the divorce filed?How many dates have gone by?

BN (Querist) 12 September 2015
January 2015. 3 dates of 2 to 3 months each. next date in Nov 2015

SAINATH DEVALLA (Expert) 12 September 2015
If she does not turn up personally or through a lawyer for the next date do as suggested earlier.

Rajendra K Goyal (Expert) 13 September 2015
You can prey the court to proceed ex-party if proof exist that she is not attending court and intentionally avoiding summons.

BN (Querist) 13 September 2015
Thanks sirs.
Can you plz help with some latest citations in similar matter.
I also wish to know whether a person can go for second marriage after filing divorce but matter pending for above mentioned reasons

Rudrawar Narayanreddy (Expert) 13 September 2015
court cannot proceed exparte unless the notice is served on your wife. if notice is avoided there is procedure provided u/o5 rule 20 of cpc and file for service by affixing on the door of the house where your wife living or take paper citation for service. After proper service only the court can place your wife exparte then only the case can be proceeded exparte. There is no law or citations that without notice is served on the respondent case can be proceeded exparte.

BN (Querist) 14 September 2015
Whether a person can go for second marriage after filing divorce but matter pending for above mentioned reasons

Guest (Expert) 14 September 2015
A matter of commonsense - no second marriage without getting divorce legally. Divorce cannot be deemed to have been granted merely on application for divorce.

SAINATH DEVALLA (Expert) 15 September 2015
Answer the view of Sr.Adv Dhingraji

BN (Querist) 15 September 2015
Thanks all if you for your valuable suggestions & updating my knowledge

BN (Querist) 28 June 2016
Greetings of the day, everyone.
I wish to know that in the case of desertion by a wife, does she have a right to demand money for her expenses every month, since the time she left her husband, throughout the period of divorce proceedings and upto grant of divorce. What does the law say ?

BN (Querist) 13 October 2016
Since she was avoiding the court notices, I gave a newspaper publication in the state of her present residence after court allowed for it. Even after that she has not attended the court. Court declared her ex-parte and posted the matter for petitioner evidence. I have filed evidence affidavit and process of marking the documents is completed. Now matter is posted for hearing.
As per the above, I have the following queries.
1. What does hearing mean and what is the next step court will take. Within how many days max. can I get the divorce.
2. Is my wife entitled to claim maintenance even if she has deserted me and I get divorce on that ground.
3. What happens If my wife comes to court on next court date.
4. can my wife tell the judge that she is not interested for divorce and can the court ask me to accept her in this stage of the case even though I want divorce?
Please help me with your replies

Divorce on grounds of desertion

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