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Wife not appearing in divorce court proceeding
25-May-2023 (In Divorce Law)
Hindu, I filed Divorce about 1 year back, several notice has been sent to her residence, Bangalore court sent notice to her through her home state court, But Bangalore court is not receiving any reply from the other court. My lawyer ask permission to judge to publish in paper, but lady judge is not ready to give. Please suggest how can i proceed.. my lawyer is saying its order of HC of Karnataka not to publish in paper. but i doubt it.. because that happens in every state.. and lawyer asking me to send warrant against her , which i don't want. and also he is suggesting to take order from HC.
You are undergoing technical hitch , which do occur in court proceedings, but I think your lawyer is not able to manage things properly as far as your case is concerned , there are provision of news paper publishing and sent notices through courts officers including direct delivery , if report suggest to intentional refusion it would amount to proper serving , hence better you come to our office with all documents and latest order of court to take things swiftly .
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I suggest you to check with your advocate whether he has exhausted all options of service of notice the Opposite party as stated under the Code of Civil Procedure, 1908, i.e., Notice through court, R.P.A.D, through Affixture, courier, speed post etc., and thereafter you can convince the court to issue substituted service by way of paper publication as a last option.
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Adv. Jagadish N
Bangalore | 400+ Answers
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Take fresh steps to issue notice and follow it up at her home state Court Stiff and get it notice served or take it hand summon and ask you Advocate to arrange to serve on her, last resort is Paper Publication or Change your Lawyer.
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Adv. Periyaswamy K S
Bangalore | 100+ Answers
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I am not sure under what context your lawyer has advised you to approach the High Court, therefore, I cannot comment on it. Also, you cannot get a warrant issued against your wife merely because she has not responded to court issued notice in divorce cases. If you have given the correct address, the notice should have reached your wife, she should either accept it or refuse it, either way she would have been served. I can properly advise you only after understanding the status of the summons presently.
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Adv. Vijay Belavadi
Bangalore | 100+ Answers
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