What is Edictal citation South Africa?
Edictal citation is ordered when a Defendant is or is believed to be outside the Republic and the exact whereabouts of the Defendant is unknow. No document whereby proceedings are instituted shall be served outside the Republic of South Africa, unless permission is granted by a Court.
What does Edictal mean?
edictal (comparative more edictal, superlative most edictal) Of, pertaining to, or derived from edicts.
What is the difference between Edictal citation and substituted service?
Substituted service is required where the defendant’s exact whereabouts are unknown, but it is believed that the defendant is still within the Republic of South Africa, whereas edictal citation is obligatory where the defendant is or is believed to be outside the Republic of South Africa.
What is the meaning of substituted service?
Substituted service is one of the ways to deliver legal papers that start a case. The papers are left with someone else to give to the defendant or respondent and copies are mailed. Substituted service can only be used when personal delivery is tried and the person is not there.
How do I divorce my missing spouse in South Africa?
In the instance where the “missing” spouse resides outside of South Africa, the divorcing spouse must approach the court to apply for an edictal citation that allows the divorcing spouse to serve a summons on the Defendant, in whichever country he/she is currently residing in.
What do you mean by substituted service in CPC?
Here the rule that is relevant is Rule 20 of Order 5, C.P.C., which deals with substituted service. Under Order 5, Rule 20(1), substituted service can be ordered only where the court is satisfied that the defendant is keeping out of the way, or that for any other reason the summons cannot be served in the ordinary way.
What is a substituted service of summons?
Under the former rules, substituted service in the absence of the defendant may be made by leaving copies of the summons at the defendant’s residence with some person of suitable age and discretion residing therein or at the defendant’s office or regular place of business with some competent person in charge thereof.
What is the meaning of the term Anton Piller?
noun law. an injunction allowing a person to enter the premises of another to search for and take copies of evidence required for a court case, used esp in cases of infringement of copyright. Former name: Anton Piller order. Collins English Dictionary.
What is the meaning of Mareva injunction?
Mareva injunction A.K.A Freezing order is a form of injunctive order that prevents the dissipating or dealing with the properties (pending the determination of a dispute) that could render the judgment of a court or the resolution of that dispute nugatory.
Can a man divorce his wife without her knowing?
Now, though, it’s possible to file for divorce even when you don’t know where your spouse is. The only catch is that you can’t get a divorce without at least attempting to formally notify your spouse about the proceedings.
How can I divorce my wife without her knowing?
There are different ways to inform a spouse of a pending divorce, and with the Court’s permission alternate means may be permitted if you do not know where your spouse is….These include:
- Service by mail.
- Service by sheriff in the county where your spouse resides.
- Hire a process serving company.