Divorce Filling Process in case other party did not receive notice

393 votes

Yes, in most divorce cases in India, the respondent (the spouse against whom the divorce is filed) does receive a court summons. This summons is an official notice that informs them a divorce petition has been filed and they are required to appear in court on a specified date. It also gives them a chance to respond to the petition either contesting it or accepting the claims. This is a crucial step to ensure fairness and due process in the legal proceedings, and if the respondent doesn't appear, the court may proceed ex parte (without their input).

LawRato LawRato

742 votes

Actually date in a divorce case generally is fixed at an interval of 1-2 months ,if the opposition does not receive a summon then there is an option of paper publication of summon with the prior permission of the Court. So talk tom your lawyer and fix the matter. Thanks.

Advocate Suvajit Ghosh Dastidar LawRato

596 votes

My best salutations and respects to you, I would agree with your lawyer. As an added option you can take permission from your Judge where the matter is listed to give a proclamation of summons in two national and two regional papers, and if still there is no reponse an exparte order enlisting the relief to you to that effect. Without going into the further case paper details i would beg to recluse from advising further. Best wishes

Advocate Abhishek Mukherjee LawRato

505 votes

Are you know that, who can serve the Summons to the Party? Are you have any knowledge how many way the Summons can be served? are you know who send the Summons. My dear friend it is not a Magic by the Magicians. In a Case the Court may directed to deposit papers of Summons either single way or in two ways. The two ways are through Process Server and through Postal. The papers of Summons should be deposited by the concern Lawyer of the Petitioner before the Court within 7 days from the said Order otherwise, the Suit would be dismiss by default. Therefore it was presume that your Lawyer definitely deposited Summons before the Ld. Court within Time, that's why the Suit is still pending. Now the Question is after deposite the Summons are there any duty lies upon the Ld. Advocate. the answer is No. Through Prosess Server means, the Summons should be Delivered by Court Staff under Nazir Department, it is absolutely Court's own process. Second is through Postal Department. means, there is a Department known as Indian Post Office. and every town there is a Post Office, the Summons go to the Post Office and from their the Pion delivered it to the person addressee. Now you know it, Govt. Staff can easily purchase by giving currency. if you show some currency before the said 4th gread staff he easely reported that, the person not in the house or addressee is not available or Address not knows etc., My question is are you see why the Summons were returned. Please co-operate with your Advocate, do not raise your fingure against him. He is not the God or Magician who can go and serve the Summons personally to your opponent. and mind it, untill and unless the summons received your Case do not take its force. Politely ask your Ld. Lawyer if all reasonable information regarding Summons are right as per law, then whether alternative mode will be applied or not.

Advocate Sanjoy Acharjee LawRato

685 votes

U HAVE to sent the summons again if she refused to accept then ur case will exparte,if she will receive thesummons then ur matter will be contested, if she donot receive summons then u have to file petition order 5 rule 20 for paper publication then ur matter will be in a right procedure, but ur question is somehow confusing with the date.

Advocate Rana Yadav LawRato