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Raj (fr)     09 November 2013

Divorce summon received by fil


The Divorce summon has been send by the Family court and the AD card has been received with FIL signature but the court is not ready to accept that the summon has been server and sent summon once again.

The next day is very close.

What strategy I have to follow so that ex-partee proceeding may start when she don't appear or reply even on 3 rd date.

Please suggest,




 2 Replies

Sudhir Kumar, Advocate (Advocate)     09 November 2013

make a request to the court to proceed ex-parte.

T. Kalaiselvan, Advocate (Advocate)     12 November 2013

Until the court is satisfied that sufficient service of summons have been taken, it will not decide to set her exparte.  She should have refused the summons or received the same and abstained from appearing before the court on the date of hearing, then only she can be set exparte.  alternately, if the summons could not be served on her despite many processes, you may seek substituted service of summons to her namely through paper publication after which the court will be pleased to set her exparte.

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