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Subhomoy Das (Retail Manager)     01 March 2017

Lawyers notices and court summons


I have filed      Divorce            case against my wife u/s 13(a) &(b) of HMA 1955 at the District judge Court, Kolkata. My lawyer have sent her the subsequent legal notices & also the Court have sent her summons. The notices & the summons have been sent to my wife parent house & also at her school adress where she is working presently. Her School is a semi Govt Project School.  But surprisingly all the notices and the summons have been sent to my wife parent house & at her school we didnt get any record that the notices & summon have been delivered to the given adress. Neither we have received the  Post Office Acknowledgement Card nor we get the delivered report of Track report of India Post website . The notices & summon have been sent by Registered Letter Post with Acknowledgement Card ( RLAD) . The letters have not got returned back to the senders adress. In the Track report of India Post website it is showing as ITEM DELIVERY ATTEMPTED & TRANSIT as the current status. I am not sure whether they are deliberately avoiding to receive the lawyer notice and the summon and asking the postman to returned it bak. I have filed the case in July, 2016.  Already 3 hearing dates have been completed. I went to the Court on the hearing date and so does my lawyer. But my wife didnt appeared in the court on the 3 hearing dates so far neither any lawyer or representative have appeared. she didnt filed any objection so far. We are living separetly for last 4 yrs and we have a son . Son is staying with wife. Previously whatever letters i have sent to my wife it got delivered. I am not sure if at they have changed the address ( which i dont think so) as i dont hv any communication with my wife for last 1.5 yrs. I have personally sent sms to my wife intimating her that i have filed divorce case and the court hearing is on such and such date. The sms got delivered to my wife mobile no. But she didnt responded back. I know the court will not consider my sms delivery report.

Under the given circumstances what is best remedial proceduresoptions are there so that the case get decided smoothly. I want a second opinion from the legal experts in the forum. Can i plead the judge through my lawyer to go for newspaper notification or reissuing of another summon.


Please advice.


 4 Replies


Next is news paper notification.  Next is proceeding exparte orders for divorce, if wife does not appear at all.  Good luck.

stanley (Freedom)     03 March 2017

I agree with the advise of helping hand 

Subhomoy Das (Retail Manager)     03 March 2017

Thanks for the reply. But as i mentioned in my post that  it ia not clear  whether the summon have been served to my wife. Because the court have not received the A/D . And neither the track report of Indian Post showing that the summons have been delivered. Its showing as ITEM DELIVERY ATTEMPTED . TRANSIT. 

So under the given circumstances it is not clear whether the court will give order for newspaper notification order or not. 

Shall i plead for Newspaper notification or for Reissuing of Summons.

Kindly advice .

dr g balakrishnan (advocate/counsel supreme court)     21 April 2017

take the superintendent of post offices of the jurisdiction that will be your right  acknowledgement that becomes evidence. nothing better sir.tks

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