How to send undelivered divorce notices to other party?
2 years ago
Sir my sister and my brother lw has married in 2018 after 1year my sister give birth to a baby after that my brother in-law and her family has no no contacts with our family from 2years we sent divorce notices to them but it was returned because of they shifted her house we don't know where he is living in this how can i get divorce is there possible to take divorce from single side
Please infrom sir thanks in advance
There's no compulsion for notice. now, you have to file a divorce case before the family court. if she doesn't appear, the proceedings will be ex parte. You have to approach the family court with a suit filed u/S 13.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
When the notices are issued by the court, and the notices are being returned, then there will be reasons attached to the return of notice. Then, the court will follow the procedure under Order V Rule 9. If it is still remained unanswered, then with the permission of the court, the notice will be published in the local newspaper, otherwise the court will proceed ex-parte.
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A.See when you file a case in the court then the court will send the notice on its own and it will allow you to send a copy of the notice. When the notices are getting returned then there will be reason mentioned on it for the return. Basis that you can request the court to either send the notice through the process server as per CPC.
Order V Rule 9: Delivery of summons by Court- This rule provides for the manner in which the summons must be served, that if the defendant or his agent is a resident within the jurisdiction of the court, such summons shall be served either by officer of the court known as process server or bailiff or by such courier services as are approved by the court.
Second option is to publish the notice in the newspaper with the permission of the court.
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Court se bheje gae notice ke uprant bhi ve log udhar court ke samne present nhi hote hai. Tab aap apne advocate se ek application draft kara ke news paper me publications ke liye de us par order karaye jab news paper me notice published ho jaiga tab court us news paper ko dekhte hue suchna sufficient man legi. Or opposite party ke khilaf expartee proceedings kar degi..
Response kare mere answer ko
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
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