Brother2017 (self-emp) 25 July 2017

Address changed and no communication of husband, so how to implement the court orders

Petitioner succeeds DVC in May-2016 and the details from order copy is The petitioner succeeds and accordingly, the first respondent is directed to return an amount of Rs.3,00,000/- towards dowry within six months from the date of this order and further he directed to pay a monthly maintenance of Rs.5,000/- (Rupees five thousand only) to the complainant from the date of this order and the same shall be paid on first day of every succeeding month while the respondents 2 to 6 are directed not to interfere in to the personal freedom and space of P.W.1 and if they fail to obey the order of the Court that they are liable for penal consequences under section 31 of DVC Act.
Even she succeed MC in 2014 and both cases under implement state it is due to her husband changing address... finally, she failed to find him and now want to take divorce but no address in hand what to do?

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4 Replies

Ms. Usha Hegde (CEO) 25 July 2017

Proceed exparte.

Ms. Usha Hegde (CEO) 25 July 2017

Before proceeding exparte, essentials for proceeding exparte should be fulfilled. Talk with your lawyer.

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Siddharth Srivastava (Advocate) 25 July 2017

Make her party and give the last known address and also the address as mentioned by her on her petitions. You can also adopt alternate mode of services like publication etc.

(Guest)

I am assuming that as complainant on behalf of your sister, the latter is a necessary party to proceedings for divorce.

It appears from your facts that your sister's husband is deliberately absconding to avoid issuance of process against him by the Court. In that case, you can get the Magistrate's Court/trial court to issue a proclamation stating that although summons was issued to him by the Court, he did not appear & that if he doesn't appear within 30 days of publishing of notice,a final order may be passed against him. Notice must be published in the local papers where he is/was last residing with your sister.

If he still does not appear despite publication of notice, the trial court can pass a final non-appealable order in favour of your sister. Whether he shows up after the period when the NAO was passed with valid reasons for non-appearance is for him to prove at appellate stage.

For further queries you may please contact at: basu_kunal@hotmail.com

Regards

AdvocateKaybee