Interim maintenance was passed in DV Act in MM court. I appealed against the order in Sessions Court. I filed all my papers and sent a notice to my wife regarding the date of Sessions Court. She managed the postman and the notice was returned to my lawyer with the comment UNCLAIMED.
Now my lawyer says that if the notice is served to my wife, nothing will happen in Sessions Court. If she keeps managing the postman then we cannot do anything.
My query is that if a person keeps on avoiding the notice then how will Sessions Court proceed in any case.
Is there any judgement that if we have tried to serve the notice 3 times then the court assumes that notice is served.
Can I get the notice served through the Sessions Court.
Is there any other remedy available to me as I am paying heavy Interim maintenance and facing lots of financial problem.
My lawyer also says that Appellate Court does not pass ex-parte orders also.
So if my wife doesn't come in Sessions Court then nothing can happen in my appeal.
Thanks & Regards,