Sachin Gulyani (Student) 07 May 2016

Missing summons

Wife filed Divorce under section 13a on Sep.2015. Court has sent the summons but the acknowledgement has not came yet. Then for 4 to 5 dates court is ordering send it by RPAD but it is getting returned by the message that the party do not live there.

Wife has put the application for substituted service by publication in newspaper but court is lethargic and every now and then insisting to send it by court. This way the case is getting lingered since many months.

Now the wife is sure that the first summons has been received by the husband but the acknowledgement has not came yet. Husband know what is written in it and all knows that its duly served. Nobody is giving proper answer about the acknowldegement of the same.

Now due to that acknowledgement issue wife is suffering. She wants that first acknowldegment at any cost to proceed the case further.

Please guide that what to do to get that acknowledgement? the summons was sent from Gujarat to UttarPradesh.

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3 Replies

Kunal Godhwani 07 May 2016

Hello Sachin, this is a different issue but when court has sent summons and no acknowledgment was received then you can do nothing about the previsous acknowledgment.

The good thing is you have already moved an application for substituted service and court is not passing any order then i think this is a fit case for filing revision before High Court under Article 227 of Constitiution of India, 1949 on the ground that family court has failed to exercise jurisdiction so vested in it.

P. Venu (Advocate) 07 May 2016

It appears from the facts stated that the summons has been by post. If so, the matters could be pursued with the postal authorities. More over the delivery of the summons could be tracked at indiapost.gov.in.

Dr Martin Campbell (Doctor) 07 May 2016

Best way is file 13b, take mutual divorce, this play of summons, acknowlegement, etc etc will go on for next 15 years, what will you do then? Paper ad, exparte divorce, appeal, HC, LC, HC, SC???

Go for settlement, take mutual divorce.