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Ex wife not appearing in the court even after summons and publications
03-Feb-2023 (In Civil Law)
I GET DIVORCE IN 2011. AND PAID 5 LAC INCLUDING MAINTENANCE OF DAUGHTER. I FILED A CASE IN 2014 TO GET CUSTODY OF MY CHILD, WHEN I GOT TO KNOW SHE MARRIED IN OTHER STATE, WHICH I DO NOT KNOW. AFTER MANY SUMMON AND PUBLICATION THEY NOT APPEAR. I MAKE HER FATHER AND MY PARENTS ALSO PARTY. MY DAUGHTER IS NOW 7 YRS OLD. WHAT CAN I DO. I FILE CASE UNDER SEC27. REVISION OF DIVORCE CASE IN MY CITY.
Instead of doing that, why don't you request the court to proceed and decide the guardianship matter exparte. Once that's done, you can seek the custody of your child by adopting the proper mode of execution of the order.
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In your case if you knew that she got maaried in other district so you can get exparty divorce if she is not coming for long time after recieving summons .you are doing right to file revision of divorce in this you can request for exparty or warrant issueing for her
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Adv. Lubna Ishrat
Noida | 200+ Answers
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You should make a prayer To the court to pass an ex party order in your favour and after passing the order in your favour u should file a execution petition for implementation of order and u can also file a writ before the high court
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Adv. Anurag Arora
Lucknow | 25+ Answers
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you may call me ,get details from lawrato. there is lot of provisions through you can compel her present before the court. call me whenever you think fit. fix meeting then we will discuss it in details.
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Adv. Vishal Arun Mishra
Ghaziabad | 25+ Answers
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If your wife is not appearing in the after publication thenYou make request before court to proceed the case exparty against parties who are not appearing in the case after publication and court consent can pass appropriate order in the matter.
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Adv. Jitendra Kumar Pandey
Lucknow | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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