Wife wants restitution of conjugal rights- husband wants divorce

546 votes

Madam if he is not receiving the notice then a substituted service by way of attaching the notice to his house or paper publication can be given which will be presumed as served, further file your objections to divorce petition and you can also get the divorce petition filed by your husband transferred to your home town where you have filed the petition so that both cases are conducted in one court.

Advocate Bharat Narasgouda LawRato

879 votes

The court may grant ex-parte decree of divorce if other spouse not appeared before court even upon the effective service of summons intimating the case filed by the Petitioner seeking divorce. However, such decree can be set aside by the other spouse if he/she wants to contest the case and such Petition should be filed within 90 days from the date of decree or from the date of receipt of the decree.
Try to serve the summons in different ways as prescribed by Civil Procedure Code:
ORDER V : ISSUE AND SERVICE OF SUMMONS
Issue of Summons
1. Summons
(1) When a suit has been duly instituted a summons may be issued to the defendant to appear and answer the claim on a day to be therein specified :
Provided that no such summons shall be issued when .the defendant has appeared at the presentation of the plaint and admitted the plaintiff's claim :
22[Provided further that where a summons has been issued, the Court may direct the defendant to file the written statement of his defence, if any, on the date of his appearance and cause an entry to be made to that effect in the summons.]
(2) A defendant to whom a summons has been issued under sub-rule (1) may appear-
(a) in person, or
(b) by a pleader duly instructed and able to answer all material questions relating to the suit, or
(c) by a pleader accompanied by some person able to answer all such questions.
(3) Every such summons shall be signed by the Judge or such officer as he appoints, and shall be sealed with the seal of the Court.
2. Copy or statement annexed to summons
Every summons shall be accompanied by a copy of the plaint or, if so permitted, by a concise statement.
3. Court may order defendant or plaintiff to appear in person
(1) Where the Court sees reason to require the personal appearance of the defendant, the summons shall order him to appear in person in Court on the day therein specified.
(2) Where the Court sees reason to require the personal appearance of the plaintiff on the same day, it shall make an order for such appearance.
4. No party to be ordered to appear in person unless resident within certain limits
No party shall be ordered to appear in person unless he resides-
(a) within the local limits of the Court's ordinary original jurisdiction, or
(b) without such limits but at place less than fifty or (where there is railway or steamer communication or other established public conveyance for five-sixths of the distance between the place where he resides and the place where the Court is situate) less than two hundred miles distance from the court-house.

Yes, if he did not appear inspite of effective service of summons, you will be examined by Court and exparte order will be passed by the Court in your favour which will be helpful to you to get divorce case filed by your husband, dismissed.

Advocate Kishan Dutt Kalaskar LawRato

509 votes

Please try your best with the help of your advocate to serve the notice to your husband from the court to avoid multiplicity of proceedings as there is a statutory provision to appeal before the appellate court in case your husband has been placed exparte. Again there is chance of reopening the case.

Advocate Jagadish N LawRato