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TAKEN ON BOARD APPLICATION ON DIVORCE PROCEEDING


17-May-2026 (In Divorce Law)
My wife filled Domestic violence case and claim maintenance against me in 2021. Future she never come so court passed order she is not interested in maintenance and second is she is not interested in this case so case is stopped under sec256 of crpc ...in 2025 March ..court passed ex party decree in my favour of Restitution of conjugal rights..one year passed but wife not returned.. finally I filled Divorce u/s 13 ia,ib,1A(ii)..on first date Court summon to my wife via Post ...but Summon is Returned and marked that 'REFUSED'..MY FUTURE DATE IS AFTER ONE MONTH...My Question is IS IT POSSIBLE TO FILE APPLICATION OF TAKEN ON BOARD TO DO PROCESSES FUTURE?? BECAUSE EVERY STAGE CLEARLY SHOWN THAT WIFE IS NOT INTRESTED......JUDGE SAHEB WILL ACCEPT IT IN BANDRA FAMILY COURT?
Answers (5)

Answer #1
873 votes
Yes, you may file a Taken on Board application, however in your case it may not even be necessary because once the summons is returned with endorsement “REFUSED”, it is generally treated as valid service by the Court. Since you already obtained an ex-parte decree for Restitution of Conjugal Rights and despite passage of more than one year your wife has not resumed cohabitation, along with earlier withdrawal/non-pursuit of maintenance and DV proceedings, these facts prima facie show lack of intention to continue the matrimonial relationship. On the next date, you may request the Bandra Family Court to treat service as complete and proceed further in accordance with law, including ex-parte proceedings if she remains absent.
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Advocate Aakash Shrivastav

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Answer #2
732 votes
Yes, you may file a Taking on Board / early process application seeking further steps in service, especially where the summons is returned with “Refused,” since refusal is generally treated as deemed service. Acceptance depends on the facts and the court’s discretion, but based on your case history, the Family Court at Bandra can consider it.
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Answer #3
516 votes
The Judge will give the wife more opportunities to appear. As only summons have been issued, you can move an application to issue warrant for her appearance. wait for the next date to take adequate legal steps.
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Advocate Subhedar Amar Ali

Adv. Subhedar Amar Ali

LawRatoMumbai | 5+ Answers
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Answer #4
661 votes
Yes, you may file an application for expeditious hearing/proceeding further. Refusal of summons is treated as valid service. Court may proceed ex parte if wife remains absent repeatedly as per the concerned provisions of law.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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Answer #5
618 votes
Aap application de sakte hain for expeditious hearing/proceeding further. “Refused” summons valid service mana ja sakta hai. Court facts dekhkar ex-parte ya further steps allow kar sakti hai, got it, as per the concerned provisions of law.
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Advocate Pankaj Bajaj

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