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My wife has been avoiding the court notices to delay the case.
20-Feb-2023 (In Divorce Law)
I am Hindu Brahmin and I filed a case of divorce on the grounds of desertion and mental torture in June 2018. My wife is living with her mother and she is not responding to the notices that my lawyer has sent. The judge has been giving me dates and telling me to get the notice delivered. My wife and her family have been dodging the notices on purpose to delay the process. Please suggest.
Dear client,
Sir first of all asked ur lawyer to obtain dasti order for summon from court and u go to ur wife house and get it delivered and other thing u can do is send ur wife summon through speed post. Dear client for more clarification u can contact me and I m happy to help u.
Sir first of all asked ur lawyer to obtain dasti order for summon from court and u go to ur wife house and get it delivered and other thing u can do is send ur wife summon through speed post. Dear client for more clarification u can contact me and I m happy to help u.
Helpful?
13+
13+
Adv. Mudassar Khan
Delhi | 200+ Answers
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What happens if court denies divorce?
If a divorce decree is rejected by an Indian court, it can be appealed. You can appeal to a higher court such as the High Court of India or the Supreme Court depending on your case and grounds for appeal.
What happens if my spouse doesn t respond to the divorce petition?
By refusing to participate, a spouse cannot stop divorce proceedings. You can prove your ex-spouse has been served divorce papers but has refused to cooperate by taking a few extra steps. In such cases, the court can proceed with the divorce. 08-Sept-2022
How do I get divorce if my wife is not agreeing?
If the wife denies divorce, then you can file for divorce on these grounds: Adultery. If the wife refuses to divorce you, then you may file for divorce based on one of the following grounds. Adultery. While adultery is not a crime, divorce can still be requested if the spouse has cheated on their partner by engaging in adultery.
How do you deal with divorce when you don't want it?
Recognize it is OK to feel differently. ...
Take a break. ...
Do not go through it alone. ...
Take care of your emotional and physical health. ...
Avoid power struggles or arguments with your former spouse. ...
Explore your interests. ...
Think positively
In the instance, if the notice is being returned that the person is not accepting the papers or that such person is refusing to open the door etc., you will have to file an application before the judge to seek service of notice for divorce by publication. Thereafter you may proceed to place an advertisement in the local paper and national newspaper and will be deemed effective service upon your wife.
In the instance however, that your notice is returned stating that the address is incorrect etc., you will have to locate the address of the spouse and have it served there.
In the instance however, that your notice is returned stating that the address is incorrect etc., you will have to locate the address of the spouse and have it served there.
Helpful?
15+
15+
Adv. Anuj Nair
Delhi | 200+ Answers
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Dear Client,
You have filed Divorce case on the desertion ground, and your wife is residing with her mother.
If notice is being issued to your wife, and the address is not false and it is perfect, she can not avoid much, after three to four issued if served or returned with remarks that not accepting or denied, then court may decide for, Ex-parte decree in your favour. You may consult for paid tele service for needful legal recourse.
You have filed Divorce case on the desertion ground, and your wife is residing with her mother.
If notice is being issued to your wife, and the address is not false and it is perfect, she can not avoid much, after three to four issued if served or returned with remarks that not accepting or denied, then court may decide for, Ex-parte decree in your favour. You may consult for paid tele service for needful legal recourse.
Helpful?
12+
12+
Adv. Sanjay Kr. Jha
Delhi | 200+ Answers
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next time opt for dasti service, wherein you yourself alongwith the office staff of the court (called process server) get the notice served. Else submit before the judge to get the suit proceeded ex-parte (i.e. without the presence of your wife).
Helpful?
20+
20+
Adv. Arpit Srivastava
Delhi | 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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