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Radha Krishna   18 July 2017

Wife not taking notice from court - what to do?

I posted problem, but not much help.

My lawyer is simply taking dates. 

WIfe is not coming to court hall, she comes outiside meets her lawyer and goes.  I have told this to my lawyer but nothing much is happening.  Already 2 years are over.  

My stroy.

https://www.lawyersclubindia.com/forum/Wife-not-taking-notice-151821.asp



Learning

 9 Replies

Raveena Kataria (Advocate )     18 July 2017

If you have no way of establishing contact with your wife, you can publish the summons in any two local newspapers. If she fails to respond to such notice, too, and you give further evidence to the court about this circumstance, (along with the copies of such newspapers,) the matter will be decided ex-parte and the court shall very likely grant you with a decree for divorce. This, in my opinion, would be the easiest way to go about this.

Siddharth Srivastava (Advocate)     19 July 2017

It is civil case and no party including your wife is required to appear on each date. If yor wife is not served with notice issued by court then yoca adopt substituted means laike notice service by hand, publication, affixation. 

Ms.Usha Kapoor (CEO)     19 July 2017

If your wife doesn't receive ntice publish summons  in two local News papers.Even then if she doesn't appear in court and you bring this to the notice of court court would pass an exparte  divorce  decree in your favor.

Radha Krishna   20 July 2017

Apologies.

Same people have replied.

Same replies as I got last time.

I want new replies, new Ideas.  I have paid for advertisement in newsp aper.  Rs 3000/-

To the lawyer. Lawyer has told it will be published but so far noting has happened.

Meantime wife has sent a medical certificaet through her lawyer that she is suffering with immnese pain in tooth.

And court has accepted it.  And given next date.

Please advice in this case what should be done.

Adv Radhika Mehta (Advocate)     21 July 2017

I am unable to understand your query as while on one hand you are saying wife is not appearing, on the other hand you are saying her lawyer is appearing. If a lawyer is representing your wife, then simpliciter her absence does not bring a halt to the proceedings.  Kindly elaborate your problem and also reveal the stage of the proceedings filed by you. 

Radha Krishna   21 July 2017

Maam,

In one case she is coming to court - DV case.

In one case she is coming to court but not inside hall, her lawyer taking date on pretext of tooth pain, she gave medical certificate. avoiding evidence appearance.

Radha Krishna   21 July 2017

Help. someone.

I offer Rs 5 lakh settlement.  Her lawyer ask 50 lakh.

Radha Krishna   21 July 2017

How to make them come to my rate.

Adv Radhika Mehta (Advocate)     23 July 2017

Then ask your lawyer to make a written Application for proceeding ex- parte. 


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