Legal Question in Family Law in

I live separately from my wife approx 3 years & have a daughter(3 yrs age,stay with her mother),obtained sec 9 decree 9 months ago & mentally prepared for divorce.I take all sorts of approach for rebind the relation but failed.Now I filed for the custody of my daughter at the district court of my wife's jurisdiction but my wife can't received the notice send by the court-it was sent back to the court with the remark-"addressee refused". Is it necessary to send her notice 2nd time by the court? What should I do for my child's custody?Is there any requirement for paper publication?Please suggest me.


Asked on 12/06/10, 6:36 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

If the remark is "addressee refused" - it shall be considered as deemed service and the court will not send the notice for the second time or there will be no need for paper publication as the service is complete per the rules. the court will rather proceed ex parte against the wife and proceed further.

If nine months have passed after the decree of conjugal rights, then you will be entitled to divorce on the basis of this decree alone provided there is no cohabitation for one year after the date of decree. so you need to wait for three months only for divorce.

Read more
Answered on 12/06/10, 6:43 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in