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Kuntal0000 (xyz)     20 September 2017

ex partie divorce

hi
need a help in expartie divorce proceedings.my lawyer has sent 3 notices ..i have seen their receipt in indian post website..

1.lawyer saying that he will send more notice ....query is how many notice neef to be sent before expartie

2..how can i show the court that letter has been delivered and she is not respondong...
can the snap of the receipt in indian post portal suffice the requirement


 8 Replies

Sachin (N.A)     20 September 2017

You are asking about lawyers notice or court summons.???

Kuntal0000 (xyz)     20 September 2017

lawyer has said that he has sent notice ....
what is the difference between lawyers notice and court summon

Mukesh sharma (job )     20 September 2017

Hello , 

lawyer notice and court summon was differnt , if lawyer send you notice and you could not recieved any letter and he claim that he sent notice ,but you may not recieved any of them coz of he sent notice by post than he has copy of sending reciept but you can check with notice will deliver or not thats other thing . 

lawyer send you notice before start your filing case in court and its may take time you have 15 to 30 days time in evry notice as he mentiond in notice .

court notice is called summon which sent by court and they send after your file case in court and court ask  you to present in court and submit your proof regarding case , 

court will give you time its 30 days in every notice when sent by cour so if you refuse or deny to recieve this notice or you not present in court after you have recieved notice than court may order to exparty divorce , thats mean you are not interestd in proceeding or you denied court order . 

 

Kuntal0000 (xyz)     21 September 2017

1.So after how many court summons can the court give order for expartie 2. Can the acknowledgement in indian post website act as a proof of receipt ...os there any way i can get the hard copy of the acknowledgemwnt later on 3 do we also have to give summon in a local Newspaper before the court passes expartie oder Hi sorry lot of queries ...pl help

Sachin (N.A)     21 September 2017

Lawyers Notice has no value in divorce proceedings. You only need to file divorce petition in court.

On recieving your divorce petition court will summon opposite party through RC/PF/ and in rare case Dasti, 

Whatever the response of opposite party you will get the status report. Upon faliure to appear despite service court may grant exparte orders or may ask petitioner to give public notice in news paper before that. It all depends upon discretionary power of court

P. Venu (Advocate)     21 September 2017

It appears that your lawyer has been less than professionl.

Kuntal0000 (xyz)     21 September 2017

What is the proof of delivery accepted in court ... is the delivery notification on website of india post accepted as delivered

Adv Radhika Mehta (Advocate)     22 September 2017

Yes, the Track Report of India Post is accepted.  Whether the Court will be satisfied or consider the same sufficient, depends from Court to Court.  Do you have any proof that the address where you are sending is the other person's address? If yes, show that to the Court.  You can also ask for substituted service under Order 5 Rule 20 i.e. service by pasting at the said address.  As a last resort, newspapers are always there.   


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