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Sachin Gulyani (Student)     04 January 2017

Service of evidence

I posted this query earlier but didn't get reply on this.

The case is moving ex parte (Divorce under section 13(a). Petitioner's evidence stage came and we have submitted the evidence.  Now the court saying to serve that evidence to the respondent.

 

Please guide me is it necessary to serve the evidence to the respondent?  It is very difficult because we were able to serve the notice after a year and the respondent is purposely avoiding the notices.  Now serving the evidence is not a child's play.

 

We struggled a lot and anyhow manage to serve the summons. Now this evidence again?  What to do?



Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 January 2017

Failure to follow a court order may result in the court issuing a contempt of court charge and subsequent jail time and/or a fine.


(Guest)
Originally posted by : Sachin Gulyani

I posted this query earlier but didn't get reply on this.

The case is moving ex parteCase wont go exparte so easily, and court wont pass exparte orders just like that, there is lenghtly procedure to get exparte orders of divorce.  I advice you to stop contemplating.

 (Divorce under section 13(a). Petitioner's evidence stage came and we have submitted the evidence.  Now the court saying to serve that evidence to the respondent.
These are procedural matters, long way to go now.


 

Please guide me is it necessary to serve the evidence to the respondent?  It is very difficult because we were able to serve the notice after a year and the respondent is purposely avoiding the notices.  Now serving the evidence is not a child's play.

Dont you have a advocate?  What is his opinion?  It appears that you are simply contemplating without any reason.  Follow your advocates advice.  Your questions are astrological in nature. 

We struggled a lot and anyhow manage to serve the summons. Now this evidence again?  What to do?

Same struggggggggggle again.  Same procedure to serve notice again.

 

Sachin Gulyani (Student)     05 January 2017

Thank you all for your reply.

 

To add into it, the case is moving towards ex parte. After service of summons, next date - Issues, then next date - Petitioner's evidence.  Its moving fast but only now the hurdle came is to serve the evidence.

 

Lets hope for the best and thank you once again for your replies.

fighter (Software professional)     07 January 2017

If matter is exparte ....no need to serve evidence to opposite party...

Sachin Gulyani (Student)     09 January 2017

Dear Fighter,

 

Thats what my point is.  My lawyer said to serve it by any way. Be it by RPAD or Speed Post or by hand delivery.  

 

I opted for Hand delivery through the nazir of the court of the respondent's jurisdiction.  The Judge said okay for it.  Nothing issued by the court.  Lawyer handed over the photo copy of the evidence and one envelope from family court stamp on it.

 

I am confused.  I don't know what to do?


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