RE: DIVORCE

Querist : Anonymous (Querist) 03 December 2009 This query is : Resolved
DEAR SIR,

My brother married three years back, He also got a daughter also. But her wife not living with him since one year. after marriage also she lived with him for three months only. Whenever he ask her why u r going to ur parents home. she is telling i dont want to live without my parents. whenever she comes to my brother's home she start to quarrel for silly reason & go to her parents home. i informed one Karnataka Govt. Agency Vanitha Sahayavani. They also found her mistake & told her to goto my brothers home. for that also she not came. 1 year back she has gone to her parents home. she never come again, she is refusing to come. then my brother applied for diverce. but she not received notice issued by Court. (three times)further what we have to do sir, please guide us.

Rgds/ASH

Follow Query

Report Abuse

Devajyoti Barman (Expert) 03 December 2009
The principle of natural justice demands that he trial of a case can proceed only after the other side gets the opportunity to contest the suit after receiving the summons of the case.
In your particular case it is unclear as to what is the fate of service of the notices on three occasions. If the notice returns unserved then either you have to serve notice again or publish the advertisement in a news paper with leave of the court. However if the notice has returned as because the other side refused to accept the notice then there is no impediment for the court to proceed ex-parte.

joyce (Expert) 03 December 2009
when summons is not served properly to the opposite party there is substitute service in summoning the person to the court. thru , Registrd post with acklmnt & other thru paper publication. if non doesnt work then case proceeds exparte. It is also valid in eye of law.

Raj Kumar Makkad (Expert) 03 December 2009
You request to the court to summon the respondent through alternate modes as provided under 5 rule 20 of cpc.

niranjan (Expert) 03 December 2009
Order 5 rule 20 is for substitute service when the deft.is deliberately avoiding service. I agree with above learned experts.