DV case
Rashmi_86
(Querist) 28 August 2016
This query is : Resolved
Hello i was physically verbally & financially abused by my husband & although i wished for a peaceful separation i was forced to file a DV case (498a) on my husband since he refused an MCD. I wish to know the process of contested Divorcd under cruelty grounds. What happens if my husband has relocated to an unknown place/country and only his parents are residing at his permanent address now? Will he be forced to respond or can they ignore the summons sent at his permanent residence address?
I am scared of a long delayed litigation
Devajyoti Barman
(Expert) 28 August 2016
1. You can file divorce suit on the grounds of cruelty. Mentioning his last known address is enough.
2.The summons served upon parents /agents of a party is valid service. So nothing to worry.
Think less , act more.
Rajendra K Goyal
(Expert) 29 August 2016
File divorce case with the address mentioned last known. Prey for ex party divorce if husband does not attend proceedings.
Dr J C Vashista
(Expert) 31 August 2016
Have to availed the option of amicable settlement with the intervention/help of relatives/friends/respectable persons of the society before moving for divorce?
Slapping more and more cases on husband will aggravate/deteriorate the situation, after all he (your husband) has also self-respect, which you are trying to disturb/damage.
Discuss the issue(s) amongst yourselves and resolve them (either way).
Guest
(Expert) 31 August 2016
Ms. Rashmi,
Is your case a real one? If yes, what is the exact reason of your thought, "what happens if my husband has relocated to an unknown place/country?"
If there is any reality, you may act upon the advice of the experts for the present if appeals you, as presently you don't have any such problem if your husband has not actually relocated to an unknown place/country. That is quite a premature and vague idea for the present that does not deserve any answer. You would be free to put such a question, if he actually disappears after filing your case.
Rashmi_86
(Querist) 31 August 2016
@Dr. Vashista: Sir we have tried every possible step for reconciliation through his/mine relatives but to no avail. In fact i am still trying to communicate with him personally by telling him to either go for a marriage counselling to solve issues or come for an MCD but he is acting stubborn. He wants my father call up and fall at his father's feet for no fault of ours. Issues were created because of his abusive nature & his family's indifference only. I still hope for some positivity but i think i will be wasting my life by waiting around. He neither wants to divorce nor live together as of now
Rashmi_86
(Querist) 31 August 2016
@Mr. Dhingra: Sir it is a very real case & the reason i asked "what if he relocates" is because he quit his job in Dubai recently and is moving to South Africa and once he does i will have no contact or access to him anymore.
Further i am well aware that no one has the time to waste on frivolous and artificial cases on this forum. If you cannot help me it is perfectly fine with me. Thank you
Dr J C Vashista
(Expert) 01 September 2016
@ Rashmi,
It is not a big issue which cannot be resolved by parents/fathers, try it out, there is a silver lining for reconciliation and settlement in your case.
Best wishes.
Guest
(Expert) 01 September 2016
Ms. Rashmi,
Your remark, "if you cannot help me it is perfectly fine with me" is quite meaningless, as nobody can help you merely on guess based on your assumption without the happening of any such event and circumstances leading there to. You are still to file a case and your husband has still not relocated, even as per your description.
Please be aware, I don't believe in hitting in dark or in air. FIRST TAKE SOME ACTION, IF THAT MISSES YOUR TARGET ONLY THEN COME TO THIS FORUM FOR HELP.
Even if I try to help you merely on the basis of your vague assumption, you cant do anything on my suggestion at your own until you hire a lawyer at local level to file a case and that too, if he agrees to act upon my suggestions or advice.
Moreover, when you know that he proposes to move to SA, you can very well be able to keep his track with the help of your lawyer for the case.
So, for the present there is no relevance of your assumption as well as question unles you file a case and your husband actually gets relocated also.
Rashmi_86
(Querist) 01 September 2016
@Dr Vashista: Thank you very much for your guidance sir. Hopefully everything will work out for the best.
Dr J C Vashista
(Expert) 01 September 2016
@ Rashmi,
1. You are welcome.
2. Please avoid mentioning such language which irritate the experts, especially the seniors like Mr. PS Dhingra ji. In fact I missed your comment stating that,"if you cannot help me it is perfectly fine with me...",before writing my opinion/advise. It is in bad taste and not appreciated. After all you yourself have posted your query/problem for a FREE LEGAL advise by the experts, which was without an invitation to you rather it was an obligation for that you should thank the experts who are devoting their precious time, efforts, knowledge, intelligence, and expertise for a social cause at the cost of professionalism.
Please withdraw your statement.
Rajendra K Goyal
(Expert) 02 September 2016
I also endorse the views of expert Dr J C Vashista.
