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Sashvitha (xxxxxxx)     01 December 2013

Divorce time limit

I have a query regarding my divorce.I have filed a petition in a family court for divorce under grounds of dissertion. Also filed a petition for maintenance in the year Dec 2012. Till now a single summon has not been served to the exparty.All the summons have come back saying that the address is wrong.I just  want to know does court take takes such a long time to serve a summon or if summons are not served then wat would be the next step.Its been thrice the summons have come back.But i have been getting summons from my husbands address(I.E same address to which court is sending the summons).My husband and his family did file a divorce petition.Please advice me on the right procedure.

 

Thank you



Learning

 6 Replies

SRISHAILA.DHARANI (Advocate&consultant)     01 December 2013

Dear Sashvitha,

 

Please file an application for substituted service for paper publications, along with the copy of the divorce petition filed by your husband, by saying that they are avoiding to take the notice , and that is the last known address to you .The court will order for the same.Then there will be no option , for him except to appear in the court .

 

srishaila,advocate,bangalore,9741425514,sdharani120@gmail.com

Sashvitha (xxxxxxx)     01 December 2013

Many Thanks Srishaila

Sashvitha (xxxxxxx)     01 December 2013

What is the court fee to file a subsituted srevice for paper publication

fighting for my brother (HR)     02 December 2013

Sashvitha.. its better talked to him and get for MCD, then wasting time.Otherwise you will spend so much money roaming around courts.

I am not lawyer

Sashvitha (xxxxxxx)     02 December 2013

Thank you "fighting for my brother". Yes i have been spending a lot of money.Even for MC or CD,they would not appear.as they are not willing to pay me alimony 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 December 2013

Dear Querist

file an application before court under Order 5 rule  of CPC

20. Substituted service.- (1) Where the court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason the summons cannot be served in the ordinary way, the court shall order the summons to be served by affixing a copy thereof in some conspicuous place in the court house, and also upon some conspicuous part of the house (if any) in which the defendant is known to have last resided or carried on business or personally worked for gain, or in such other manner as the court thinks fit.

(1A) Where the court acting under sub-rule (1) orders service by an advertisement in a newspaper, the newspaper shall be a daily newspaper circulating in the locality in which the defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain.

(2) Effect of substituted service—Service substituted by order of the court shall be as effectual as if it had been made on the defendant personally.

(3) Where service substituted, time for appearance to be fixed—Where service is substituted by order of the Court, the Court shall fix such time for the appearance of the defendant as the case may require.

HIGH COURT AMENDMENTS

PUNJAB & HARYANA.- Add the following as proviso to R. 1:

‘Provided that if service in the ordinary manner or by registered post is not affected for the first date of hearing the Court may direct substituted service in such manner as the Court may deem fit, even if no application is made by or on behalf of the plaintiff for the purpose.” Vide Punjab Gaz. dt. 11-4-1975 Pt.III )L.S) P.303. Hary. Govt. Gaz. dt. 25-3-1975 Pt. Ill (L.S.) P 189. Admn. Gaz. dt. 1-5-1975 Pt.II P.95. 

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