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adarsh (....)     17 July 2011

Divorce notice

Dear all 

 iwant a suggestionif my wife sends me a divorce notice where i dont stay and it got returend for 2 times then is there any issue .pls help me



Learning

 4 Replies

Ravinder Kumar (Account Director)     17 July 2011

@ She may gat exparte Divorce, if you do not appear in court...

Ms Liberal (others)     18 July 2011

How you come across it and if its returned then they may have pasted outside the building or may have given public notification

I advise you to file certify copy of the prcoceedings if you know the case no and court or make use of RTI for information

Otherwise it may be gone against you if you are evading the services of notices

However you may challenge if it isn beyond your control but onus is your side

adarsh (....)     18 July 2011

as i had got news from one of my friend that there was a regestiar and now iam out of town for long time

so pls let me know what happens if the notice go back ther can b any leagel action or pls advice me what to do

i dont has the case file no

Ms Liberal (others)     18 July 2011

From this It clearly shows that service has been made to the address specified and the dak /official sender may have given reverse remarks if the house is open and the party refused to accept the same then it may gone against you

FIRST YOU NEED TO KNOW FROM THE NEAREST POST OFFICE ON WHICH DATE THE RC HAS COME TO YOUR ADDRESS.CONTACT POST MASTER DIRECTLY

IF not of help you have to locate in which district court the matater is posted.(if both spouses are living in same distt) For example if you are living in Thane distrct mumbai you approach the thane distt court and verify where HMA matter is posted This you can take the help from the court registry.

But there may be possibility that your spouse may have filed the case at the place of her residence . In that case you need to be more vigil

Also, make use of RTI by sending Application stating the tile of case which definately be your wife Vs You

If all this not going to help You may file an affaidavit with the leave of the court that you have no knowledge of the notice or it was send when you was not available at home

Normally if the notice come back without unserved The court direct the aparty to do the service again and therafter may direct it to paste it on the wall of the residence and thereafter direct to post it in leading nespapaers

This all may takes 1-1-5 years Its better to contact with the lawyer of the OP in case I am sure that they must have send some notice prior to moving to the court . The address may be on the notice letter. Kindly talk it on telephone only to the counsel and may give your correct address if you are eager to contest the case and want to dipose off the matter at aerliest

If you want to settle the issue you may apaproach to the mediation center if you don't want divoce and ready for reconciliation


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