How to make respondent to attend the court?


Sir,

My divorce case has been returned saying to file in either in Court A or B.

I have re submitted in Court A and case got renumbered and appearance date is given.

Now I need to  intimate them about the same.

My bitter half left the country and address not known.

Tried to serve the summons to her father and he rejected.

Now the lawyer told I have not got any vakalat to support her in the new court. So he also rejected to receive the notice.

Please through your suggestions how to crack this soon?

thanks in advance.

 
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practising advocate

U just serve on the last address where u resided tigether and apply for substituge servi e by wayvof publication iin news paper and get exparte decree.

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As rightly advised by adv Bharat, dont worry about her absence in the last known address, let the notice return to the court stating the addressee left, file a petition under Order 5 Rule 20 of CPC for substituted service of summon/notice, in that after permitted by the court, publish the notice in any leading newspaper and obtain an exparte order against her due to her non-appearance despite being served her the notice through news media.


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Dear Bharat and Kalaiselvan Sir,

Actually we lastly resided together in Vijayawada.

After separation we both lived separately in Hyderabad for an year.

After a year of living in hyderabad, I have filed  divorce case in jurisdiction A in Hyderabad and served the summons to her office address in Hyderabad as the residential address in not known.

She attended the court for first 1st,3rd and 4th adjournments. After Reconciliation failed in 4th adjournment, my bitter half filed petition saying i do not belong to this jurisdiction and this petition itself is wrong and dismiss it.

She did not give her proper full address also in any of the court petitions submitted by her. After this she never attended the court for next continuous 8 adjournments.

Judge has returned back the file in 12th adjournment saying you file either in jurisdiction B in Hyderabad or in Vijayawada.

So I resubmitted in Jurisdiction B. To serve the notice to her office address, she is no more in that office.

I have filed RTI to passport office and i got her Hyderabad address. So I have served the notice to that address and she is not there also and returned back.

As she mentioned she is leaving to USA and gave GPA to her father, is it my burden to track her and serve the summons to USA address?

or I just need to take permission from judge to serve the notice through paper advertisement in Jurisdiction B in Hyderabad?

Please suggest.  Thanks.

 

 

 
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You may not strain to pursue her USA address and cause to serve her the notice to US address.  The local address will be sufficient, in case it is returned stating 'no such addressee' or 'addressee left' you may seek for SS through court as explained in my earlier thread in this regard.


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Thank you sir.

 
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Sir, Today is public holiday. What is the process in this case?

Court asked to come to tomorrow to know the next date. Do I need to inform the respondent again?

 

thanks

 
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