Can Court Issue Decision if Husband Avoids Summons?

Yes, a court can issue a decision if the husband avoids summons. The law states that whenever a case is filed by the wife against the husband, the court issues notices to the husband defendant so that he may appear before the court and submit his written reply.
The law throughout the world follows the principle that no party should be condemned unheard. Therefore, notices are sent to the husband so that he may appear before the court and submit his legal response.

However, it is not mandatory for the court to continue sending notices repeatedly to a person who is willfully avoiding court proceedings. In case the husband avoids the summons issued by the court on a case filed by the wife, the court may adopt the following options specially during the procedure of khula in Pakistan.

Initiate Ex Parte Proceedings Against Husband

If the husband, after receiving notices, is willfully avoiding them and does not appear before the court, then the court may initiate ex parte proceedings against him.
Ex parte proceedings mean continuing with the case in the absence of the husband.

Issue Ex Parte Decision Against Husband

If after sending notices or summons the husband continues to avoid them and does not appear before the court, then after ex parte proceedings, the court may issue an ex parte decree in favor of the wife.
An ex parte decree means the decision of the court issued in the absence of the husband.

Process Server in Pakistan

If notices were sent to the husband through courier and he refused to receive them, then the court has the option to appoint and hire the services of a process server in Pakistan.
The fees of the process server are paid by the plaintiff. The duty of the process server in Pakistan is to personally deliver documents to the husband defendant.
If the husband refuses to accept the summons, then the process server submits a report before the court stating that he attempted to deliver the documents to the husband defendant, but he refused to accept them.

Based on this report, the court may proceed with ex parte proceedings against him.

Skip Tracing

If the husband defendant has left the place where he ordinarily resides and is intentionally avoiding service of summons, and his whereabouts are unknown, then the court may order skip tracing services in Pakistan through a process server.
It becomes the duty of the process server to locate and determine the whereabouts of the husband defendant.
Under court orders, the process server attempts to locate the husband. If he finds him, he attempts to deliver the documents personally.

However, if the husband refuses to receive the documents, then the process server submits a report before the court stating that the husband defendant is willfully avoiding summons and has refused to accept them. The court may then proceed ex parte against him.

Publication in Newspaper

If the husband avoids summons or refuses to receive notices issued by the court, then the court may order publication of notices in a newspaper.
After publication in the newspaper, the husband is generally given a period of fourteen days to appear before the court and submit his reply.
If he does not appear before the court either personally or through a lawyer, then the court may proceed ex parte against him.
Normally, during the Khula procedure for Overseas in Pakistan, the husband is sent legal summons and notices, and publication in a newspaper may also be ordered during the proceedings.

Our law firm, Nazia Law Associates, is experienced in handling divorce cases in Pakistan. We also provide skip tracing and process serving services in Pakistan.

Can court issue decision if husband avoids summons is discussed above, but if you still have any questions, you may contact our law firm in Pakistan.