Legal Question in Family Law in India

The district court has passed an Interim Alimony order in favour of my wife. I have challanged the order at High court through a writ petition along with an application for stay of order. The Oposite Party Advocate filed a caveat petition for the same. Dates are displayed in the weekly cause list and status is showing that "Receipt showing service of copy of W.P on the counsel for OP not received."

The Oposite Party Advocate is a regular advocate of that High Court. Is it not his responsibility to receive copy of W.P.? Can I send a copy to wife instead of sending it to her advocate? Shall I bound to send a copy of the W.P. in his address?


Asked on 5/30/11, 1:27 am

3 Answers from Attorneys
Jyotishwar Bhosale Advocate, Bombay High Court

Hi,

If you have appointed a Lawyer, then let him take care of the service of copy. If you are appearing in person then, what steps have you taken to deliver the copy to opposite advocate.Did you send the copy by post? Do you have the acknowledgement of the same? Did you receive the copy of said Caveat? If answers to above questions are affirmative, then you may file the affidavit of service in the High Court, and complete the service.

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Answered on 5/30/11, 5:19 am
Professor SOMNATH MUKHERJEE MUKHERJEE ASSOCIATES(Cell +91 9874753359/ 9477781578)

it is your duty to serve the copy to the opp.party

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Answered on 5/30/11, 8:30 am
Sanjay Kalra Sanjay Kalra & Associates

Yes you can serve the copy to your wife .

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Answered on 5/31/11, 2:21 pm


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