Baadal khurana (none) 11 February 2015

Service notice by email divorce/maintenace spoouse abroa

I am aware that When one of the spouses is abroad, notice for divorce/ maintenace case can be sent by email. as long as it needs to be established that there was communication from this email address.

0) What else is needed to serve notice by email in valid way ?

1)even if notice is sent by valid way, One can always argue that notice went to spam/junk mail folder in which case spouse can not read it. So why notice served by email considered proper ?If email went to spam, what is validity of ex-parte divorce ?

2) should notice be served by one of the spouses or by family court for making it proper notice?

Reply Follow

1 Replies

S.GIRIJASHANKAR. (Advocate) 12 February 2015

Hi, The 'aggrieved' spouse, if residing in India has to file a Matrimonial Petition for the 'desired relief' before the Jurisdictional Family Court under the 'relevant applicable Rules' depending upon the Religion of both the Parties governing them at the first instance against the 'Opposite' party;initial formalities after receipt of such Petition by the Family Court after serving 'Notice' to the other spouse by Regd. Post, of a Mediation by the said Court between the two parties would then be ordered by the Court. If the Mediation does not 'succeed' to bring them together by 'compromise' after hearing both the Spouses for resons to be recorded by the Mediation Court. Based on its Report, the Petition shall be taken up by the Court proper to deal further with the case on facts and merits. Mere e-mail, I am afraid, would not servve the purpose.

Sincerely,

S.Girijashankar.

Advocate, Bangalore.