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SRINIVAS KOTAMMRRI (SERVICE)     22 February 2020

Divorce in high court

Dear Sir,

In the year 2013 I got the divorce from the trial court on the grounds of cruelty and desertion. My wife challenged the same in HIgh Court. I am doing the case on my own in High Court (Party In Person)

In Nov'2019 when there is no representation from the Appellant side the High Court gave an order that "for the next adjournment if there is no representation the case will be dismissed for non prosecution" and marked a copy to the Appellant i.e. my wife. This order was not marked to me.

On the next adjournment which took place last week, again there is no representation and  the high court observed that the notice sent to the Appellant i.e. my wife was returned by the postal department with a remark the no such person by that name.  In fact at the time of filing the case it self in the High Court the Appellant intentionally given a wrong address.

Now the court asked me to serve a notice to the appellant. I am sure that even if I send the notice through registered post the Appellant will refuse to take the notice.

Hence please advise me what is to be done.  Is there any alternative to service the notice.

Please give your valueble advise.

SRINIVAS

 

 

 

 

 

 

 

 

 

 

 

 



Quick Summary
This discussion concerns a divorce case appealed in the High Court. The original divorce was granted in 2013, but the wife appealed. The appellant's side has missed adjournments, leading to a warning of dismissal for non-prosecution. A key issue is serving notice to the appellant, who allegedly provided a false address, and the postal service returning mail. The user, representing themselves, seeks advice on alternative methods of serving notice to avoid the case being dismissed.

 2 Replies

Adv Deepak Joshi +917017821512 (Advocate)     22 February 2020

you appear in due dates case will be dismissed in default soon.

TGK REDDI   22 February 2020

The Appeal will be decided ex parte on merits.


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