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Rahul   30 November 2021

What to do is wife is not accepting served papers?

What to do is wife is not accepting served papers sent from the HC?

POINTS:-

(1) HINDU Husband/Myself still alive, but wife has placed a property partition suite for her share of property and for the son (who is residing with wife). Husband has no property in his name, so she has filed a case on all her husbands side of the family, and their individual property. Just for harassment and extortion of money !!!

(2) IMPORTANT: We don't have any ancestral property, as it was acquired by husbands father and mother, but wife is claiming it to be ancestral in the court.

(3) FUNNY THING: Husband, husbands sister, husband brother, and husbands parents have all lived in different cities, as all of them had jobs in different cities, but wife is claiming property partition under: HUF = Hindu Undivided Family.

QUESTION: Husband filed a petition in the HC, stating all the facts that wife is fraudulently claiming the property partition under HUF + ancestral property, but the papers that were served to her from HC, she is not accepting it. What to do?

IRONY: "TARIKH PE TARIKH .......TARIKH PE TARIKH ......." As we all know, Indian courts are infamous for dragging the cases for eternity, so basically wife wants to take this loop hole to her advantage to keep postponing the dates in the lower court, and also not accept the papers from the HC, where it says that her claims are not maintainable so it should be dismissed !!!!

Wife not accepting served papers from HC, then what to do?

Thanks in advance to all learned counsels.

Rahul.

 

 

 


 



 2 Replies

Kevin Moses Paul   30 November 2021

As per your concern let me inform you something related to it. Basically, a person is eligible/qualified enough to refuse documents from a process server. Thus, refusal of acceptance of documents from court by your wife is fine, but the catch is that it does not mean that the proceedings against her is stopped.

But, there's one thing which is essential and need to be acknowledged that even if a person refuses to accept the documents, the process server is legally allowed to leave them next to the person to whom it is served or at his/her door.
This means that whether a person accepts the documents or not, he/she is considered to be served. Refusing to accept documents does not stop a lawsuit against the person from proceeding.

Moreover, if in case someone does not accept the documents being served, and repeated attempts have been made by the process server, the party trying to serve the documents (i.e. you in this case) may bring a motion in court for an order allowing them to use an alternative or substitute method of service.

If the person being served is still not complying with the process server the intentions shall be proven stating that the person is deliberately avoiding to be served even after every acceptable method of service had been used. Henceforth, legal actions may be taken against them (I.e. your wife).

Now, regarding the property let me inform you that as per Indian legal system, a wife shall have no lawful claim on her husband's properties, be it Self Acquired or Inherited, during the lifetime of her husband.

Hope It Helps!

Regards,
Kevin M. Paul

Dibyakanti Modak   16 December 2021

you can lodge extortion case against your wife before the police. if police does not register it, then go to court and lodge a Private Complainant before Magistrate against your wife for same.

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