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Dhruva M   17 February 2020

wife not received notice & summons

My wife not received notice & summons, even not attending court, she not having interest to talk to me, she not allow to see my baby, my baby is almost 3 years, I not even spent 5 hours still now, will I get my baby to my custody,
Plz advised


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 4 Replies

Real Soul.... (LEGAL)     17 February 2020

Custody is not possible at this time as it is near impossible;  just make the substituted summons served ;; ask your lawyer to get the summons issued to be pasted on the home the place where your wife reside and make sure the report is submitted  as received..By the way what are the cases filed by you ?

Adv Deepak Joshi +917017821512 (Advocate)     17 February 2020

assuming you are talking about custody case, at this stage it is next to impossible to get you custody of your child due to early age, you may press on frequent visiting rights.In she not taking summons then substituted mode of service can be opted.

RAJ KAMBLE   17 February 2020

in my case this thing happened for two years , just try for ex party then she will respond

Joy Bose   18 February 2020

Hello,
The best option available for you is Ex-Parte divorce which means where the court decides awards divorce without hearing the other the party because the other party is not responding.
When the other party is not responding to notices, then public notice in the newspaper are printed which is ordered by the court.
Awarding an Ex-parte divorce depends upon the court but if it has been more than 2 years, then the court will announce ex-parte divorce.

Getting custody of the child will be difficult as the child is of only 3 years of age. You will need to prove in court that your wife is incapable of taking care of the child and she is not fit to take care of the child.

Regards,
Joy Bose


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