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Kumar   06 March 2016

Wife deliberately refused divorce notice

Dear lawyers..I filed divorce against my wife who is at her native with her parents for cruelty; his father got the divorce notice infront of postman his father called up and mentioned about the legal document which I have the audio recording. But later when I checked online with Tracker ID it shows the status ARTICLE UNDELIVERED-REASON DOOR LOCKED. This is a deliberate act and dubious on wifes parent and postman. Can we move any thing in court bringing notice to them about this act alongwith audio piece for taking this act as deemed to be notice served. Accordingly they didnt appeared on date..n nw threating me n father for booking under diff..cases n engaging local police station. My qwery is what could be their next step can they go to supreme court for transfer of case without receiving the notice and appearing in court. Shall i need too file any NCR to local ps informing about the divorce case file n the threat I am getting or any PCR to be filed at metropolitan magistrate. My lawyer advise nothing doing till we get any notice from any auhority. Her persisitent and releatitive threat for suicide and asking for divorce else she would harm herself; what can we do to avoid her attempt to return to back home which is risk for her n evryone elses life. I stays in bangalore; She belongs to UP, incase any case file there how ro take relief. PLS GUIDE.


 4 Replies

Manoj Choudhary (Advocate)     07 March 2016

If you afraid to transfer the case from banglore to UP you can file Caveat in the Supreme court then no order will be passed without hearing you. And you getting harassment calls then approach to the concerned police authority mentioning call time and date.

Manoj Choudhary (Advocate)     07 March 2016

If you afraid to transfer the case from banglore to UP you can file Caveat in the Supreme court then no order will be passed without hearing you. And you getting harassment calls then approach to the concerned police authority mentioning call time and date.

Kumar   09 March 2016

1. They didnt received divorce notice sent to their native and didnt appeared on 1st date. Without receiving notice and appearing in family court can they move to SC for transfer of case? 2. Wife paternal home is UP n matrimonial home at Bangalore. For 498A, DV and other cases, what would be her jurisdiction? 3. Read online UP is an exception for getting bail, what alternative procedure we have? 4. For the persistent suicidal threat and repeatetive threat for divorce and leaving home, and as she is at UP since last 5 months now giving threat of committing undue event there nd implicate our family here at Bangalore, shall we need to file any NCR or PCR. Pls...revert back lawyers..we all are in extreme stress n eagerly waiting gor your extreme opinion. Thanks

Mukesh sharma (job )     17 March 2016

hi sir as your written report i tell you their no process that way go to direct case move to supream court and supream court start hearing without your any notice so no need to affraid thats all kind of thing and in last if you stay in banglouru and your wife belong to up than you file a caveat its first sent you notice when she file casr anywhere and you give application to local court about that all matter they didn't recieved your letrer withount any reason be positve


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