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Pooja Khatri   24 December 2017

My husband is not accepting notice

My husband filed for divorce 13(a) and left for Africa next day. As we didn't complete 1 yr of marriage, his petition got rejected in the family court of Surat. And they got easily stay on 498 from high court. And now when I have filed for 125 maintenance, when notice reaches to Surat, my mother in law is not even accepting the notice and husband is in Africa. How shall I make sure that notice reaches to him and they accept it..? Cant I send him an email or something. Please let me know how should I send notice legally


 4 Replies

Vijay Raj Mahajan (Advocate)     24 December 2017

Get order from the Family Court for sending court notice/summon to your husband through email as well newspaper publication. Failing to appear after these modes of notice the case can be proceeded ex-parte against him and you can be awarded maintenance from him.

Pooja Khatri   24 December 2017

How to get permission/order of sending through mail? Even though I get that who will be responsible to send that email? What if he doesn't reply on that email?

Vijay Raj Mahajan (Advocate)     25 December 2017

Firstly tell me do you have an advocate handling your case in the Family Court, if yes, kick him out and engage another learned advocate to do the job.

Secondly there are many district courts in India under the direction of their High Courts started the process for sending summon through email, fax, electronic means etc. along with regular sending of summons. Order 5 Rule 21 CPC.

Thirdly, the email notice can be sent by the party or its advocate to opposite party, the affidavit of the petitioner/plaintiff to this effect and copy of the email be placed on the record of the court to proceed ex-parte as in spite of  numerous sending of  summon/notice to appear the respondent/defendant is avoiding or ignoring it. Delhi High Court in one of its decision followed this process and may courts in India recognize this process of sending electronic notice to the opposite party.

Pooja Khatri   25 December 2017

Thank you so much sir. And yes you are correct my lawyer is not that strong. He is making my case loose. But, I really am not capable of fighting against those people. As they have done preplanning and acted accordingly

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