What is going on with my case? What is going on with my case?

2 years ago

Hello Sirs, I filed for divorce from my spouse last year in Sept. on grounds of cruelty and desertion. Since the case was filed, Notice has been served to her several times (as per Online case status-- almost 6 times) but it seems there has been no response from her end. Can you letme know what is going on with my case? I want to know at what point the case can turn ExParte? How many notices have to be served (with no response from the opposite party) before the court can deem it ExParte? Or is it completely at the discretion of the court?
My current lawyer has not been very responsive and not taking proactive interest in my case. I also want to know how I can change my lawyer? Is it possible? I want to get this case going ExParte as soon as possible. Thanks.

Anik

Responded 2 years ago

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A.Dear client,
it is high time that the notice stage should be passed. Usually, 3-4 notices are issued to the defendant and after that, the next stage proceeds. You can change your lawyer by getting a NOC ( no objection certificate ) from the old lawyer and submitting it to the new lawyer.
Thank you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
You may change the Advocate.

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Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.It seems that you are totally misguided in your matter. You have stated that Notice had been served upon her almost six times . If the service becomes complete upon her,then the matter will never remain in Service Return stage for further service. After completion of service,if she will not appear before the Learned Court through her Ld. Lawyer,then the matter will proceed ex parte. Therefore, it is evident that due to some reason , service has not been completed upon your wife.
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Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 2 years ago

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A.Unless the opposite party receives the summon the court will not proceed for ex parte proceedings. When you say there is no response form her side then do you mean that she has accepted the summon/notice and not responding? If yes then you can ask the court to start the exparte proceedings.
If she has not received the summons then find out the reason. if she is refusing to accept then it is as good as accepted.
To change the lawyer you will have to ask the current lawyer to give you a NOC and return the case brief/file.
You can call our Vidhikarya team on the helpline no. 604047602 and get a new lawyer who would be our partner advocate.
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