Srijith 18 January 2016

Can i request the judge to send the summons via ballifs

Dear All,

I had appled for Divorce on October in Thane and 6 Feb 2016 is my first hearing, however upon enquiry i founf the summons is still not received by the other party.

The court will allow me a balif to issue the summons in the next hearing ie on 6th Feb. However the matter will unnecessarily get delayed by a month.

Can i request Hon. Judge to issue the summons via Baliff before the first hearing so that the matter will not get delayed?

Regards,
Srijith Ramachandran

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4 Replies

Srijith 18 January 2016

Many Thanks for the reply!

Let me tell you the background behind my request is my wife has threatned me of prolonging the case since she just wants me and my family to suffer.

I had filed for Divorce in May 2015 in Thane Family court and the case was transfered in Thane Sessions court due to backlog of cases in thane family court(This is what i was told by my lawyer at that time). After about four months of hearing in Thane sessions court, one fine day my wifes lawyer said to the court that i had applied in the wrong court and that the case to be transferred to the Thane Family court also the judge dont have the right to oversee the case since this was a family matter. so the judge asked me to transfer the case to the Family court which i think is absolutely cruel, since my months were wasted. I beleive this is what my wife had wanted to prolong the case as much as possible and i think she won.
I then applied in the Family court on October and i got a date which is 6th feb 2016 which was anyway long, moreover all the process has to be followed from scratch right from giving summons.
This to me absolutely cruel since this is just delaying the case further.
Could you please advise if i have the right to prepond the case?
Awaiting your valuable inputs.

Regards,

Srijith

Sidharth 18 January 2016

Dear Srijith,

Its very normal that parties don't receive summons or delay in sending summons. Ask court to send summons through courier and dasti also

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Srijith 18 January 2016

Dear Sidharth,

Thanks for the Suggestion!

Its a all mentally tiring to go through all the procedures again right from sending the summons, since i had taken a lot of pain doing that earlier before the case was transferred.

Just to move the files from one table to another, you have to go out of the way else no one does the work.

Its criminal.

Regards,

Srijith Ramachandran