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asit (finance advisor)     08 August 2010

ex parte divorce

i have applied for divorce on 24.02.10 u/s 27 of special marriage act,1954 and served notice to my wife thru hazaribagh civil court. I hv got the delivery report of the notice as " delivered to hazaribagh civil court on 25.03.10. is this sufficient for me to get an ex parte divorce. my wife has not turned up yet for defence in court. kindly guide.



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 11 Replies

ad. creaminall (professional Advocate)     08 August 2010

must verify that weather it is served ipon your wife or not? you must verify the hazaribaug court's service report.

Arup (UNEMPLOYED)     08 August 2010

no the notice unserved.

returned to to hazaribagh civil court.

might be a trick of respondent.

attract the attention of the court.

asit (finance advisor)     08 August 2010

thanx fr ur reply... i hv already send a request letter to hazaribagh court, but they r not replying. what should i do now... is there any other alternative. plz help

asit (finance advisor)     08 August 2010

hi arup... i hv already posted a letter to hazaribagh civil court... but they hv still not replied... i s there any other alternative... kindly help..

Adv Archana Deshmukh (Practicing Advocate)     08 August 2010

Make an application to the court for service of the notice to your wife by Registered post AD.

Arup (UNEMPLOYED)     08 August 2010

FOR QUICK RESULT, VISIT THE COURT AND CREATE PRESSURE.

THERE MUST BE A COMMENT ON THE ENVELOPE, LIKE,

ADDRESSE NO FOUND / REFUSED TO RECEIVED / ROOM IS LOCK / AS THE DATE ALREADY OVER, THEREFORE NOT DELIVERED ETC;

IF THERE IS NO COMMENT FROM THE DELIVERY PERSON IT MEANS, THAT PERSON WILLFULLY NOT DELIVERED, WHICH MEANS HE FAVOURS THE RESPONDENT.

ALL THESE ARE DELAYING TACTICE, ADOPTED AT COURT.

OFCOURSE YOU CHECK THE ADDRESS OF THE RESPONDENT.

YOU MAY SEND THE NOTICE IN MULTIPPLE ADDRESS, BY PERMISSION OF THE COURT. LIKE OFFICE ADDRESS C/O HER BOSS; ALSO THROUGH THE LOCAL THANA.ETC.

Arup (UNEMPLOYED)     08 August 2010

IF SHE TRIED TO AVOID NOTICE, AGAIN AND AGAIN, OR TRIED TO ABSCOND, THEN YOU HAVE TO GIVE NOTICE THROUGH NEWSPAPER.

THEN EX PARTE.

asit (finance advisor)     08 August 2010

i have already send a letter requesting hazaribagh court to send me service report copy, which i want to submit in the thane court. the said letter was send thru private courier company and i have the delivery report of the same. can this help.

Arup (UNEMPLOYED)     08 August 2010

your wife's sign on the letter needed.

otherwise she may tell the court she not in receipt of the notice.

such tricks are common in court.

V.T.Venkataram (Advocate and Consumer Activist)     09 August 2010

How can a letter addressed to your wife  be  " delivered to hazaribagh civil court"??? .

dewakar (Lawyer)     09 August 2010

the process of service has been followed properly . Now It is incumbent upon you to follow the notice and get its service. Any summon without service is but only piece of paper. Moreover have patience and belief on your lawyer.

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