(Guest)

Not accepting summons

Dear All,

I filed divorce u/s 13 1(1a) in the court of the district Judge in my city.

We got the summons sent my speed post.

Now the tracking shows that they have not accepted it..it shoes "delivery Attempted - Door Locked : Intimation served" . I am sure they purposely did not accept the summons.

Now what happens if they are purpoely avoiding the summons. How many times will the court send the summons before it passes the decree of divorce (Ex-Party).

What are the formalities I need to complete before the court passes the decree in case they do not contest?

Gautam

Reply Follow

4 Replies

Ratnesh kumar (Advocate) 21 December 2011

well after reminders of summons , court will ask u to publish the notcie in newsppaer and after that if they will not appear in court the court will award ex-party in your case so its not a problem , but in these matrimonial cases genrally opp. party use this tactis not to recieve th summon just for delay and tehy appear at the last date when the court is going to award ex-party

1 Like

adv. rajeev ( rajoo ) (practicing advocate) 21 December 2011

Send the summons by RPAD, if it is also not served then you will have to file an application in the court to publish the summons in the widely circulated local news paper.

1 Like

K.P.Satish Kumar (Advocate) 21 December 2011

Court will ask to send summons untill it is served or not claimed or refuse to recive the summons. But if not so you can ask substituted service instead of summons. Court will direct you to publish the notice in the listed dailies. Then only the case will be posted for exparte evidence.

Visit : https://yourdivorceadvocate.blogspot.com

1 Like