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Mahadev   20 August 2015

Divorce notice -wife may change address

Hello ,

             a)  Is it mandatory to send divorce notice through Regd. Post with Ack. . My lawyer sent through Speed post which spouse received . Now another lawyer says court will not hold valid the speedpost mode as only Regd. Post with Ack. is valid as Signature of spouse is not present in speedpost confirmation  and hence court will not admit it . Can my current lawyer not request court to accept Speedpost results and make the count of notice sent as 1 .

b)  If wife not attending despite receiving notice , how many notices does court serve before passing ex-parte decree .

c)  I think my wife will change her home too to avoid notices as her parents already shifted to new place . In such a case what is the next available option as she can avoid notices easily . Any other way to send her divorce notice before ex-parte decree is passed . What does the court do in such cases .

Please advise as it's really becoming a headache for me.



Learning

 6 Replies

A.Radha Sampath (Advocate)     20 August 2015

If the court does not accept speed post which is normal , the court orders for issuance of fresh summons and gives time again. If the wife changes the existing address in the mean while you can opt to add that address too along with the current one.

If still she does not accept it, and the reasons are mentioned, you may seek permission from the court for paper publication or pasting the summons on the front wall of her residence.

Mahadev   20 August 2015

Respected  Radha Madam ,

                                       Thanks for your reply . Just one query : Do you mean to say in the first line of your reply that Courts accept Speed post as well which is the norm or Court doesn't  accept it and accept only Regd.Post with AD.

                                       If she accepts notice and still doesn't come is there any max. limit of notices that Court would send before passing ex-parte decree .      

A.Radha Sampath (Advocate)     20 August 2015

If the summons are sent by speed post which is at first accepted by the court administrative office, then the judge also might agree in its discretion. It is not a norm for the court to accept speed post.

Otherwise, the court orders for fresh summons to be properly served according to the court rules.

If the spouse receives the summons and absents herself by not attending the court proceedings the court gives 90 days time as per cpc and then finally considers the petition for exparte.

Mahadev   21 August 2015

Respected Radha Madam ,

                                               Thanks so much . It was really useful . In my case wife is working .  How do i prove and what documents Court will accept as evidences for working . Will if i request Court send summons to her company to produce employment details ( It's a private IT company ).

                       In ex parte decree when the petition is considered will the Court still grant her alimony/maintenance even though she is working and her salary is very close to mine or she will not get anything but will have to appeal against this decision to get anything .Will I be called to court during ex parte decision day .

A.Radha Sampath (Advocate)     22 August 2015

Dear Sir,

If your wife is working she may not get any maintenance. To prove that she is working you may request the court to ask her produce the relevant documents ot her academic certificates. You can also get the information by filing RTI.

 It is the discretion of the court to grant or not to grant based upon the circumstances of the case. However, there is every opportunity of appeal, revision, etc.

Mahadev   22 August 2015

Respected Radha Madam ,

                                                Thanks so muchfor your replies. It's so helpful for me.

 


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