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BHARATI MITRA (ES)     07 February 2011

Clarity on desertion case

One of my family friend is separated from her husband 2 years back, she had filed maitenance case before compeletion of 2 years but dismissed it for going back unconditionally and also did not return to her husband may be because they had an argument outside the court.  Now she has again filed the case after few months and the papers came back undelivered to her husband as he is not in town and nobody knows where he is.

Now the question is how many times the court will send the papers and if it is not delivered to him what would happen to the case. 



 5 Replies


(Guest)

SHE SHOULD SUBMIT APPLICATION FOR REISSUE OF NOTICE TO OTHERSIDE.KINDLY MENTION FURTHER DETAILS.GOOD LUCK.

Guest (Guest)     07 February 2011

Ms. Bharati Mitra,

Now find out that husband left his residence for a few days for his personal work or abandoned the residence for the purpose of avoiding the court notice/summons.  If the case is former, once he comes back to his residence,  then ask the court to send the process of service again to the same address.  If the situation is latter, i.e., he abandoned his residence for the purpose of avoiding the court notice, then you can do the following things:

(1) File application of fresh address of husband with a request to issue process of service;

(2)  You can / shall also file the address of his office, where he generally works with a request that notice to be served through his head of the department;

(3)  If you are not aware of addresses mentioned in 1 and 2, you get the notices issued twice and thrice on the old address and after they return undelivered, you can move application for publication of notice in the local newspaper.  Once the notice is published in the newspaper and he does not turn up, the court will proceed ex-parte.

prabhakar (advocate-Delhi)

(M)9958670740

karlprabhakar@gmail.com

1 Like

ADV Rajesh KASRIJA (ADVOCATE)     07 February 2011

BHARATI MITRA ji

This not legal advice but a advice from An Advocate. Ur friend tell her lawyer to obtain order from the court about the DASTI SUMMONS (Our Own Responsibilti) the concert with the process server of the area give him some money and insure hi to effective summoning of the respondet. this is the real process of the court to serve the summons to any person

Adv Kasrija

9855714554
 

BHARATI MITRA (ES)     08 February 2011

Mr. Prabhakar

case is for maintenance, how will the court decide ex-parte, on what grounds.  Actually the wife has deserted the husband and its found that he being alone does not stay in his house continuously so does not seem to be avoiding things

BHARATI MITRA (ES)     11 February 2011

Can any one advise on my above query


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