Kumar 10 October 2017
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
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