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jagan (manager)     27 August 2014

Delay in serving notice by court..what should i do urgent !!

Hell Experts,

I got married in March this year. my wife eloped with her boyfriend in the month of July and to save her position she filed filed 498A.

I filed a divorce petition in July at my native place stating the facts and evidences and my petition has been admitted in august (because judge was on leave ) and got hearing date for September 10, but  when I enquired  with court persons about the acknowledgement , to my surprise the notices still not served to my wife they are saying lack of sufficient stamps for registered post as the reason.  I provided the stamps and now they are saying the Judge is on leave till 2nd September, so they are saying  after 2nd September only they can send the notices to my wife. (the date of hearing is 10th September)

mean while my wife applied for Null n void of Marriage  on grounds of forcefull marriage and impotency  on Aug 16th, and yesterday I received notice to appear to court on 22nd September.

my question is

1. I filed divorce petition 1 month before my wife's Null n void petition and I even got hearing date also (10th September) but due to court delays my notice still not have served to her. But I got notice of her petition even though she filed 1 month after my divorce petition. how it will affect my case?

2. I came to know that the notice should be served 21 days days prior to date of hearing . is that so? then my wife didnt receive my notice till now ( the date of hearing is 10 th september )  what should I do now.

please advice me .. its urgent.



Learning

 2 Replies

Tajobsindia (Senior Partner )     27 August 2014

1. Both case will proceed on their respective strengths. 

2. Yes, the procedure are right. You wait for 2nd. Sept. when ld. Judge attends Court and request for serving Notice by all means (including by Speed Post AD) citing petitioner should not suffer due to no fault of his! [This time submit proper stamps under ack.. from Court clerk and ensure in a day or two post submission it has been posted by Court or you can also seek Dasti post Order where you can send Noitce by speed post and submit receipt of speed post under affidavit to Court]. 


[Be it so, expect delay of wife appearing in Court of your jurisdiction no matter how much leap via Lord Hanuman you take now.]

{Last reply}

1 Like

jagan (manager)     27 August 2014

Thanks Tajobsindia.

I will request the court to send the notices ASAP.

My question is ,

Will there be any change in the date of hearing once its fixed (i.e 10th Sep) by the judge on the grounds that notice not served to my wife ?

I dont want the date of hearing to be changed.. Weather my wife will appear in the court or not, but I want to appear on the date given to me at my jurisdiction, so that I can have the advantage of staring the legal process before my wife started it. Plz answer me. Thank you


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