Divorce case Divorce case

1 month ago

Want to know nearest civil court to hebbal/560024 area ?
Need to check my notice status as court summins sent from andhra to my wife but postal summins returned as Door locked even she stays and post man informed after she called and asked but not received sending as door locked
Now i heard one more go via nearest court to her address othwr that postal one so that status still awaits not sure when they send back so need to check abt that status
Even in jan my lawyer sent legal notice but returned as door locked address is correct and she stays same address so what to do ??

Anik

Responded 4 weeks ago

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A.Dear Client,

In accordance with Order 5, Rule 20(1) of the Civil Procedure Code (CPC), if there is reason to believe that the defendant is evading service or if serving the summons in the usual manner is not feasible for any other reason, the Court can order the summons to be served by affixing a copy in a prominent place in the courthouse and at the defendant's last known residence, business premises, or place of employment, or by any other means deemed appropriate by the Court. Additionally, Rule 20(1A) specifies that if the Court orders service through a newspaper advertisement, it must be a daily newspaper circulating in the locality where the defendant was last known to have resided, conducted business, or worked for gain. Rule 20(2) affirms that service of summons substituted by Court order is as effective as personal service on the defendant. In the given circumstances, it is advisable to instruct your lawyer to file a petition under Order 5, Rule 20 of the CPC to seek an appropriate order from the Court.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
As per Order 5, Rule 20(1) of the Civil Procedure Code (CPC), where the Court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service or that for any other reason the summons cannot be served in the ordinary way, the Court shall order the summons to be served by affixing a copy thereof in some conspicuous place in the Court-house, and also upon some conspicuous part of the house (if any) in which the defendant is known to have last resided or carried on business or personally worked for gain, or in such other manner as the Court thinks fit. Further, as per Rule 20 (1A) Where the Court acting under sub-rule (1) orders service by an advertisement in a newspaper, the newspaper shall be a daily newspaper circulating in the locality in which the defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain. Rule 20(2) states that the Service of summons substituted by order of the Court shall be as effectual as if it had been made on the defendant personally. So, in the given situation, ask your Lawyer to make a petition under Order 5 Rule 20 of the CPC for an appropriate order in the matter.
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Vidhi Samaadhaan Vidhi Samaadhaan

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