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Request for advice- Divorce and Maintenance Cases

(Querist) 23 July 2016 This query is : Resolved 
Hello Everyone,

My husband is avoiding the divorce summons and not attending the court. I have applied for divorce in Oct-2015 and the first hearing has started from February 17, 2016. As per the last update, the summons were not delivered as there is no person found with that name and house address. This is completely false, I believe that they are managing by offering bribe because it is their own house where they reside. In the last hearing our lawyer had requested Judge for steps and not sure on whether he will approve for paper advertisement or hand over the summons in the next hearing.

Maintenance: Respected court has granted the maintenance in June-2015 but until now I was not paid anything. I have tried sending letter and email to his Company HR requesting to provide my husband's salary details/ payslips but did not get any reply from his Company.

Recently I came to know that the Supreme Court had passed an order not to keep any family case pending for more than 12 months and to finalize the case. Please let me know if this rule has come to existence in Andhra Pradesh.

I request you to review and suggest on how we can trace if he has shifted the house and changed his current Company.

Highly appreciate if someone can suggest me on above cases!
adv.bharat @ PUNE (Expert) 23 July 2016
Ur counsel can help you.
Priya (Querist) 23 July 2016
Thank you Bharat ji!

Is it true that Supreme Court had passed an order not to keep any family case pending for more than 12 months and to finalize the case.

Please let me know.
kavksatyanarayana (Expert) 23 July 2016
Author, the Delhi High Court has directed the lower courts to ensure that the trial in divorce cases be completed within six months as prescribed by the Act in granting maintenance and alimony to the spouse. and the Hon'ble High court directed the parties to file the affidavits within the time. In my opinion, but it is not practically possible for several reasons to dispose the said cases in time.
Dr J C Vashista (Expert) 24 July 2016
Please mention the judgement/ citation, which I have not come across, if any.
The order is theoretical and impractical, if any.
You were granted maintenance in June 2015, under which provision of law? Whether your husband had contested? If so, he must have filed his reply and argued in his defence? Has he changed his address, did you find out?
What is the ground taken in your divorce petition?
What is the advise of your lawyer? Why do you need second opinion of experts on this platform when you have already engaged a lawyer who was able to get you the relief of maintenance in your favour?
P. Venu (Expert) 24 July 2016
Yes, the serving of summons need not have posed any problem when the husband is already a party in a different proceeding.
Rajendra K Goyal (Expert) 24 July 2016
If the husband has not paid maintenance despite court orders, proceed to file execution and prey his arrest.

Your lawyer should prey the court for service by alternate method / news paper publication.
Priya (Querist) 24 July 2016
Greetings for the day everyone!

Firstly I am thankful for all the legal experts who responded to my query.

@ Vashista ji: My husband didn't contest or replied anything to the Maintenance case. We still didn't come to know any details of his address.
He stays in Chennai. If you can provide your email address, I will clearly explain on my divorce details. Since the years are passing, I became helpless and I have submitted my query by thinking that any legal expert can suggest me.
adv.bharat @ PUNE (Expert) 25 July 2016
If u want to trace his address in chennai then give public notice in local area in vernacular language for the same.
Priya (Querist) 26 July 2016
Sure, thank you Bharat ji!
Devajyoti Barman (Expert) 26 July 2016
Go for attachment of his salary by filing execution proceeding.
If the husband does not appear then the court can proceed ex parte.


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