iniya (house wife) 13 September 2011

Need urgent help-serving notice in divorce case

I had filed counter petition for the divorce filed by my husband. I tried to send the counter through speed post but got retured saying no such name in the address. Now I am plannng to give exparte to him and so I shall not attend any more court proceedings,however I also want my counter to be properly filed in court before exparte is granted. Experts please advice..

1. To consider my counter valid and fully accepted as filed, mere filing of counter is enough or it should be properly served to him before exparte is granted.

2. If it should be served, can I request court service to deliver it to him and get acknowledged. Pls advice the court service available to serve my counter petition if it is mandatory.

Please reply as it is very urgent.

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2 Replies

adv. rajeev ( rajoo ) (practicing advocate) 14 September 2011

If summons are not serving then you have to go for substitue service i.e., publication of summons in the widely circulated news paper.

Adv. Chandrasekhar (Advocate) 14 September 2011

If I understand you correctly, your husband filed divorce petition on some grounds. You want to contest his divorce petition on those particular grounds, but is ready for divorce decree on your own grounds, by way of filing counter claim petition in the same case. Is it so?

Then there is no problem. You go to the court on the next date of hearing along with your counter claim petition and tell the judge that you tried to serve it on the address mentioned in his divorce petition and file it in the court and at the same time in the presence of judge give a copy of the same to the opposite party, your husband or his counsel. The judge in his order dictates the same thing.

Then, the matter will proceed and finally decree will be granted either on his grounds or on your grounds depending upon the leading of evidence. Or otherwise, the judge may suggest you to go for mutual consent.