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Summon received but not petition copy


In Divorce Law
Hi all, i married in oct 2019. I faced domestic violence so lodged police complaint then filed divorce in 5 months. My husband yet to reply to my petition. But he is irregular in court hearings. But he filed petition under section 9 in other jurisdictions. Now my question is 1) is it valid to open other petition 2)i received summon as "judicial separation" without petition copy, but petition filed under section 9(conjugal rights).

Answers (2)


234 votes

Normally summon will be accompanied by the copy of the petition. But sometimes by mistake or at times intentionally such things happen. Only after checking the petition copy it will be clear whether judicial separation or restitution of conjugal rights. You can mention this during next hearing.


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LawRato
265 votes

you should claim the petition copy in the court. if petition copy is not received with the summons then through an advocate you can apporach the court section to receive the copy. and you can also get the petition copy on the first hearing date from the court.

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