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Kumar   10 October 2017

Divorce petition not received but court granted divorce

In 2003,my father send a divorce notice to my mother adress. But in that time my mother not in home. She went for marriage function at mumbai. police giving answer in notice that she not in home and she went mumbai for marriage function. And they put a notice at home wall. Mother dont know that notice are came. She didnot received notice by hand. But court decided that she was absent and granted divorce. This is right way to got divorce? This procedure is right or wrong? This is cheating or not? Plz tell us. The lawyer did right?


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 6 Replies


(Guest)

It's an exparte proceeding.. Balachander Reddy Advocate,HYD.

Kumar   10 October 2017

How exparte? But respondent not received notice by hand.

(Guest)

Yes. Exparte divorce can be granted if summons not received, if they have repeatedly try to send notice (newspaper publication, pasting on door etc.). But she can always get the divorce reopened by submitting appropriate application in court. If it is a Hindu Marriage, expare divorce doesn't actually have a meaning, because there is no clause in HMA for "exparte". i.e., the petitioner must prove cruelty, adultery, desertion etc. An exparte divorce is thus not legally final and can be reopened. At least that is my understanding after talking on this issue with some learned counsels.

Adv Radhika Mehta (Advocate)     10 October 2017

Your mother may not have recieved it by hand but it was pasted outside the house right? That is substituted service. It is very much valid and legal. When did the Divorce come through? 

Vijay Raj Mahajan (Advocate)     10 October 2017

After 14 years you decided to raise this issue of legality of divorce granted in the year 2003. Even for sake of arguments we say the process of serving notice was not complete as the substituted service by newspaper publication was not carried out and the court on the report of the process server decided the complete service of the summon to the respondent, now at this stage no court will reopen the decided ex-parte case and set aside the order of divorce. Time limit for the challenging the court order expired long back and you have no ground to seek condonation of time delay in the process.

Anamika Vichare (Practising Lawyer)     11 October 2017

It seems that you and your had knowledge of summons but many commin people mistaking service of summons, does not mean ignorance....it was pasted on your door later again,you knew this, but you acted smart

Anyways, if you did not act, you can immediately file civl misc application in the same court giving valid and proper reason for non-service and set aside the ex-parte decree of divorce.

 

Hope 3 months hv not passed else  your father will get remarried

 


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