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What to do if summon was not accepted by the person
13-Feb-2023 (In Divorce Law)
After 2 and half year separation, on september 2016, I have filed Divorce under section 13A. Court has already sent 2 times Divorce Summon to my husband’s address. But he has not accepted the Summon. I have attended court 2 times and I came to know my husband is staying in his residence where Summons has been sent. But intentionally he refused the Summon. At the same time no acknowledge card is returned back. Request all of you to guide me what is process to send Summon? How he will be bound to receive the Divorce Summon? How much time is required to complete this process, because I have filed Divorce last September 2016 but still my husband is not appear to the court
If the court summon returned with an endorsement of 'refused' then the court may presumed that that the summon has been duly served to your husband and will pass an exparte order against him. If the summons returned with an endorsement of 'door locked' then the court may once again order notice to your husband or it may order paper publication. Even thereafter also if your husband not present then the court will pass exparte decree against him. If you need any further clarification feel free to contact me.
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Adv. Selvaperumal
Chennai | 100+ Answers
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The Court summons has been sent by Post and that is why he is avoiding to receive the same. Request the Court to send the Court Summons by Court Bailiff (Court Staff). Then tell your Advocate to follow up with the Court Bailiff and try to serve it on your husband. If again it is unserved, then you must request the Court to publish in the Newspaper. Once the publication is carried out then your husband will be set exparte and order can be passed by the Court. So in 2-3 hearings the summons should be served on your husband or the paper publication will be carried out. More detailed advice can be given if you meet me in person.
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Adv. Suchit Palande
Chennai | 200+ Answers
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Have you checked indiapost site for delivery details. If the post was delivered you submit the print out and if he fails to appear he will be set exparte. Otherwise you could ask for substituted service and after getting court permission you could do paper publication. Even after paper publication if he fails to appear he will be set exparte.
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Adv. Vasavi Sridevi Sivanandam
Chennai | 200+ Answers
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