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My wife filed divorce case but still not received any summons


16-Jun-2025 (In Divorce Law)
My wife filed a divorce case in siliguri court and i have not received any summons yet. I am presently living in Kathmandu . I messaged my wife in what's app to send me a petiotion copy . I checked it online as the case was filed on 26rd march and appearance date is on 23rd june. And my wife has not send any reply in what's app. And i even don't know if she has filed any complaints or FIR in police station. I got married on 8th feb 2014 and have a son of 10 yeras which is with him.
Answers (1)

Answer #1
813 votes
Based on the information you've provided, here's my legal opinion: 1. No Summons Received Yet: Since you're currently residing in Kathmandu and haven’t received any summons yet, your appearance in court on 23rd June is not mandatory unless you are officially served with notice/summons through court procedure or other valid service modes like post, publication, or diplomatic channel (since you're abroad). 2. Checking the Case Online: If the case is listed and the date of appearance is 23rd June, and it’s a divorce petition, your wife (the petitioner) must ensure proper service of notice upon you. Until then, legally, you’re not bound to appear, but it’s wise to keep track to avoid ex-parte proceedings. 3. No Petition Copy Shared by Her: Though you requested the copy on WhatsApp, she is under no legal obligation to provide it personally. The court is responsible for serving you through official channels. 4. Possibility of FIR or Complaint: If you are unsure whether she has filed any FIR or criminal complaints (such as under Section 498A IPC or the Domestic Violence Act), I suggest checking with a lawyer in Siliguri or through an RTI or application to the local police station. If there is a criminal case, you might be at risk of coercive action.
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