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Neeraj (Software Engineer)     03 June 2015

Wife not receiving summons

Court issue the summons for divorce case to my wife. I have provided the permanet address of wife. Speed post and courier showing the status as delivered. But in court judge says that they have not received the summons and the father of the girl told that she is working somewhere else so we can't accept the summons. Judge asked me to provide her latest address. Now as per my latest knowledge she is living at some place with her relatives and she is continuously changing her place to avoid summons. So in this way its almost impossible to serve the summons. Even if we send the summons to the place where she is living her relatives will not accept those as they will simply deny that she is living with them. Please suggest what can be done in such case? or she found a loophole in the system to make it as never ending case.



 6 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     03 June 2015

What are the remarks mentioned on the summons by the postal authorities?Summons can be sent by the court through the ameena(Dasti Service) and U can also accompany for serving the summons.The notice can also be published in a local news paper where U feel she is residing,and this as a last resort.Even after all these hasseles she does not turnup,U can pray to the court for awarding ex-partee decree.

But here I feel that UR father in law is playing mischief of evading summons.

 

 

 

 

 

 

 

Neeraj (Software Engineer)     03 June 2015

the remarks on the courier and speed post are "delivered". But the judge told us that the lady didn't received the summons and the summons returned with the remark "Said person is working somewhere else so summons could not be served". The problem with dasti service is that she will hide and her relatives will deny her presence. Publishing in a news paper seems to be a solution but i think court will direct us to do this. 

But my question is i have provided her permanent address(clearly mentioned in the marriage certificate) to court and if she is not accepting the summons and she has moved from that address is it my duty to search for her new address? 

 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     03 June 2015

U have only 2 options now (1) give a paper publication and (2) Make an appeal in the higher court.

Adv. Nikhil Seth (legal consultant (9867264707))     03 June 2015

In your case as said working elsewhere. its no where stated that she is not staying there also speed post  and courier shows it delivers . You need to press stating that residence is the same and the same has been accepted by her speed post . Press on this point .

Regards,

Adv.Nikhil Seth

9867264707

Mumbai  

cyberlawyer (barrister)     03 June 2015

Take a printout of the status of the courier and speed post and file it in the court, if the judge is not convinced with your oral statement. But in my opinion, the judge thinks that the summons are supposed to be received by the wife herself and the address to which the summons are served alone is not material. 

Learned members, kindly clarify if there is anything in matrimonial cases that the summons ought to be received by the spouse in order to be accepted by the court as served.

SAINATH DEVALLA (LEGAL CONSULTANT)     03 June 2015

Why would the Judge say that she has not received summons?It is not his duty.To whom did the father of the girl say that they would not accept the summons?Is it no the duty of the petitioner to provide the correct address of the respondent?

The judge cannot keep on prolonging the case till the summons are received by the respondent,he has to declare expartee decree.

 


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