Respondent refuses to accept court summon

868 votes

if the court holds that it is served then the case will be heard ex parte and decided, if the court holds that it is not sufficient service then the court will reissue the summons, so wait and watch if notice is taken as served and she is placed ex parte then without wasting time lead your evidence and get ex parte DIVORCE.

Advocate Bharat Narasgouda LawRato

524 votes

Respected

There is alternative mode of service of summon under law. Your respective advocate knwo this.

Do one thing, since under lockdown the Supreme Court has permitted to send the notice via electronic media. Please request your advocate to proceed woth the same. If the message is sent to his email/ whatsapp that considerd notice held suffiicent. then he will be placed exparte and court will proceed with your case.

please proceed.

Advocate M Lakshmikanth Arya LawRato

728 votes

If the brother has collected the summons, it is considered as served. The court will proceed to the next stage by holding that Notice is served. If ex-parte, then the court will proceed in absence of the Respondent. It is possible that he comes at a later stage and explains why he did not come earlier. So if you want to finish the case, better to move the case fast and get short dates. If you want him to come to the court, then you can file Application for maintenance and once the order is passed against him, he will have to come. Your lawyer may have already filed an Application under Sec 24 for maintenance also. Check with your lawyer as I need more information.

LawRato LawRato