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venkat (engineer)     29 October 2011

Divorce summons not recieved

Hello friends,

I need your valuable suggestion for the below question I have.

From some relatives of my wife I came to know that my wife has filed Divorce however I didn’t received the summons yet. Apart from this my in-laws and my wife filed some false cases(498a, DV etc) against me and currently I am fighting for that cases so I don’t want to give Divorce till the other cases are settled.

Is there any problem If don’t attend the Divorce case till I received summons? I came to know that first date is already over.

Please suggest how to proceed.



 9 Replies

Tajobsindia (Senior Partner )     29 October 2011

@ Author

. If you have special knowledge of some divorce related suit then keep an eye on it by self watchign the board and or via your men and agent fixed there temporarily till you want to face the third case upon you !.

2. However when you already contesting two cases (S. 498a IPC / DV) then do you think they will be over so soon that divorce case could be elasticated to eternity ? I find this logic flimsy, instead suggested to face the challenge under divorce grounds and as per instructions to a pleader you may elasticate the divorce suit least it is ex partied behind your back and then you start fresh there and it may become more expensive to re-start a over (ex partied) civil suit is my primary view.

3. Moreover once she has initiated two stated as in your briefs cases then the marriage is as good as dead between the couple and it is just a paper out of it that you seeking as delayed print out which is not worth the efforts to delay the same is my secondary view.

Rest it is your startegy whose master you may become in days to come and act accordingly..............

adv. rajeev ( rajoo ) (practicing advocate)     29 October 2011

what is the urgency wait for the service of summons.

**Victim** (job)     29 October 2011

@ Venkat i agree with Adv. Rajeev serving summons itself is time consuming especially if it's hard to track you. My friend let her realize the first step of the ladder itself is hard.......without serving you it cannot be expartied.

Nadeem Qureshi (Advocate/     29 October 2011



Pradeep Kumar (Lawyer)     29 October 2011

Dear Venkat,

            How Lucky you are!!If you have heard that your wife has filed a divorce case against you.Please go ahead and check with family court in which your wife is residing.File a written statement and take the divorce from her and file an application under section 151 of CPC(Lawyer will tell) to cancel all the concurrent proceedings.DIVORCE GIVEN,CASES OVER.



Pradeep Kumar & Associates


Chamber-208,CSA Block,

District Court,Gurgaon

(M) 09871765000



attend o-wise u r giving her divorce exparte... y no divorce? love or money? now definitely not love... then money? better compromise and pay her than lawyers, running, jogging, marathon, may be  world record in sight... money will be within home... never give her divorce... if she is loose, she will be like that all her life... one fine day she will regret her life itself... i think the crux is money... hence try work out compromise and live life adjusting hereafter...

**Victim** (job)     29 October 2011

@ Srinivas wht if wife is not ready to compromise ? As you can see she has already filed several cases then why compromise ? Let her learn the hard way....

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 October 2011

Though the conventional wisdom says, wait for summons.


Though even if you are in no hurry to contest it, just keep a watch, maybe the lady is planning to get an ex-parte divorce and then keep 498-a hanging till eternity.





Shonee Kapoor

**Victim** (job)     29 October 2011

@ Shonee i think there is a limitation for 498 (a) pendency ? isn't it ? If she gets remarried then how can 498 (a) exist ?

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