Divorce - MC against my husband Divorce - MC against my husband

Posted 1 year ago

I have filed MC against my husband and seeking for divorce, since we are not living the together from last 2years, due to his extra material affairs dowry and family conflict,. I have first hearing from court on 19th August.
My question are:
1. How do I get to know whether my husband received notice from court (i checked with my lawyer he didn't give proper answer)
2. What will happen if my husband purposely denying to receive notice and not attend the court
3. Is it possible to resend the notice to my husband ( if he had not received) before first hearing
4. Is it possible to change the lawyer if i feel current lawyer is not confident enough to run the case

Please help me with your valuable suggestions

Anik

Responded 1 year ago

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A.Dear client I am sorry to hear that but in this case
Firstly, you go to the processing section to know whether the court notice has been served by the court staff or not to your husband...
Then ask your lawyer to provide you the postal consignment number if your advocate has send the notice through speed post...

Secondly, if your husband refuses to accept the notice and denies to appear before the court for consequitive three dates then the court shall pass an order for exparte hearing where your statement will only be recorded and you will be given the decree of divorce against your husband.

Thirdly, you can again re send the notice to your husband only by appearing on the first date of hearing... Thereby you need to submit the track report of the last summon sent by Speed Post. Since the summon was not received therefore you can again plead before the court for re issuing notice for appearance by your husband and then again you can send that notice to your husband.

Fourthly, you can change your legal representative or pleader whenever you want as per your choice only. You need to collect a No Objection Certificate from that lawyer by clearing all his due fees. Then you can hire new advocate for yourself as per your choice only
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Vidhi Samaadhaan Vidhi Samaadhaan

Subhashis Paul

Responded 1 year ago

A.Firstly, you go to the processing section to know whether the court notice has been served by the court staff or not to your husband...
Then ask your lawyer to provide you the postal consignment number if your advocate has send the notice through speed post...

Secondly, if your husband refuses to accept the notice and denies to appear before the court for consequitive three dates then the court shall pass an order for exparte hearing where your statement will only be recorded and you will be given the decree of divorce against your husband.

Thirdly, you can again re send the notice to your husband only by appearing on the first date of hearing... Thereby you need to submit the track report of the last summon sent by Speed Post. Since the summon was not received therefore you can again plead before the court for re issuing notice for appearance by your husband and then again you can send that notice to your husband.

Fourthly, you can change your legal representative or pleader whenever you want as per your choice only. You need to collect a No Objection Certificate from that lawyer by clearing all his due fees. Then you can hire new advocate for yourself as per your choice only.

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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar Retired Judge

Responded 1 year ago

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A.Dear Madam,
My answers are as follows:

1. How do I get to know whether my husband received notice from court (i checked with my lawyer he didn't give proper answer)
Ans: You have to physically check in the Court records.

2. What will happen if my husband purposely denying to receive notice and not attend the court
Ans: He will be placed ex-parte.

3. Is it possible to resend the notice to my husband ( if he had not received) before first hearing
Ans: Yes, it can be re-issued.

4. Is it possible to change the lawyer if i feel current lawyer is not confident enough to run the case
Ans: Yes.
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Vidhi Samaadhaan Vidhi Samaadhaan

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