Anand Anand (Service) 06 July 2022

Procedure of sending summons fast in contested divorce

I am a Husband who have filed for contested divorce 15 days ago and case was registered 7 days ago. Wife is staying at her parents home since last 2 months.

I checked case status on "ecourts" website and found out that summons is not yet sent. When I checked status of other contested divorce petiotions filed, in some of the cases summons was sent within 2-3 days of Registration Date, in some case on the same day as well.

I asked my lawyer about summons status and he asked me to come tomorrow to collect summons and said that I will have to post the summons myself.

1. Does court sends summons on it's own after petition is registered?
2. Do I have to post the summons myself?
3. Can my lawyer post the summons without asking me to visit him?

I also asked my lawyer whether the summons can be sent via email. He said only if summons by post fails then email can be used to send summons.

4. Is there any such requirement to send summons via email? What is the procedure to send summons via email?

I want the divorce process to be completed as soon as possible. What actions/precautions can I take so that summons is received by the wife with minimal delays?

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4 Replies

Real Soul.... (LEGAL) 07 July 2022

The process server serves the summons and you won't be allowed to serve the summons; it is registry of court to prcess summons. If the process server failed to serve the summons or rejected by the addressee then they will ask for submission registerd envalops for postal summons; however email option is by way of court order.

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Anand Anand (Service) 07 July 2022

Originally posted by : Real Soul....

Thanks for the answer.

Petitioner and respondent stay in same state but different districts.

My advocate said me that the court will only prepare summons and I will have to send it via post(RPAD).

1. Is there any role I have to play for sending summons via RPAD?

2. Why in some cases I checked online, summons process was initiated on the day of "Registration date" and in my case no process started even after a week? Does petitioner/lawyer need to do something to start the summons process?

G.L.N. Prasad (Retired employee.) 07 July 2022

The summoning process has to commence from the Court and it is served both by post (plaintiff generally provides envelope and duly stamped with correct address) and handing over. If the summons is not served, then the reasons should be brought to the attention of the Court and the court may order for newspaper publication and the plaintiff/petitioner's advocate has to publish the same and hand over such published material to the court for further action.

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Dr J C Vashista (Advocate) 09 July 2022

It is the role / action to be taken by your lawyer to deposit process fees with copies of petition and duly addressed and stamped envelops as per High Court Rules.

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