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Bittu (sr. software engineer)     30 August 2011

Process of serve divorce summon

After 3 and half year separation, on December 2011, I have filed Divorce under section 13A. Court has already sent 4 times Divorce Summon to my wife’s address. But she has not accepted the Summon.

I have attended court 4 times and I came to know my wife is staying in her residence where Summons has been sent. But intentionally she refused the Summon. At the same time no acknowledge card is returned back.

 

Request all of you to guide me what is process to send Summon? How she will be bound to receive the Divorce Summon? How much time is required to complete this process, because I have filed Divorce last December but still my wife is not appear to the court.



Learning

 8 Replies

Self service (None)     31 August 2011

What is reason given on return note? You or your lawyers shoudl check. You can request court to send summons by other means i.e hand delivery. Depending on reason stated you can request court for ex parte judgement.

**Victim** (job)     01 September 2011

To my knowledge ex-party cannot be ruled until summons is served properly although there are other options such as newspaper publication or public notice

Adv. Chandrasekhar (Advocate)     01 September 2011

If the court notice sent by regd. post and speed post are returned undelivered and you know thoroughly that despite she being present at the address refused to receive it and also managed not to make any remark by the postal personnel on the cover of the postal article, you have to tell the court that the mischief is being played by the respondent.  Then you should ask the court for Dasti service and get the order to such an extent and  you accompany the process server to serve on  the respondent.  Once it is served and the respondent plays the same trick of refusing to receive the notice, then the process server will paste the notice on the outside wall of the house in the presence of two witnesses living in neighbourhood and come back to the court and prepare his report on the process.  The court, on the next date of hearing, after going through the process server's report and after taking his statement on oath pass an order to get the case proceed ex-parte.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 September 2011

Step 1: Apply for notice Dasti (By Hand)

If it also fails

Step 2: Go for publication of notice.
 

(IT IS NOTICE AND NOT SUMMONS)

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Hemanth Kumar (student)     07 September 2011

Please go through the ORDER V of Civil Procedure Code 1908,  for more in detail.

with regards

Bittu (sr. software engineer)     10 September 2011

Thanks every body for your guidance.

I have another query. Till today, 4 divorce summons have been send to my wife address by court. But every time she has not received the summon and as i said there is no AD card is return back.

My question is:

I have attended 4 days into the court but I don't have any document where it is written that 4 times my wife has not come as per summon or she has reject the summon. Is this document is required for me which will help me later?

Adv. Chandrasekhar (Advocate)     10 September 2011

It is called daily order sheet.  You can apply for order sheet for these dates and get certified copy of the same for your record.

1 Like

Jagtar Singh Gill (Audit)     21 August 2016

@Bittu   ...Did you solve your divorce case?

And can i take your help in my divorce case.

 


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