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PRIYANKA ASTHANA (LEGAL ASSOCIATE)     04 October 2012

Whether court will start all the proceeding?

wife has changed her address after two hearings but neither she replied to notice nor she attended the court on hearing. whether court will re-start proceedings or we have to file an application to change wife's address?

divorce case has been filed by a husband against his wife in july 30,2012. husband got no notice from wife's side.



 3 Replies

Tajobsindia (Senior Partner )     04 October 2012

Consider rephrasing que.

For first part - clarity required as to who filed what in your first para.

For second part - why shall a wife send Notice when husband has filed divorce ?

PRIYANKA ASTHANA (LEGAL ASSOCIATE)     05 October 2012

for first para - whether husband can file an application in court to change his wife's address.

for second para - by the statement "husband got no notice..." i wants to say that wife has not appointed any advocate from her side".

Tajobsindia (Senior Partner )     05 October 2012

1. Wife being respondent in a divorce case it is her duty to file Address Affidavit on record for all future purposes. It is to be filed in 180 days.

2. Court Notices are sent to respondent address (means which ever are known to husband in reference to context) as well as same may be allowed to serve upon her by all modes (which includes by sending Court Notice via due channels of the Court / via Speed Post / via regd. Post / via SMS / via Email / to her advocate chamber address / pasting and paper publication being the last resort etc.)
3. Husband can always press for ex-parte proceedings if she is not appearing in the stated divorce case.
4. Husband can only challenge genuineness of her last address (but that elasticates proceedings time) and he is not supposed to change respondent wife address in Court records as he is Petitioner therein.


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