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RK (Learner)     17 January 2013

Need guidance

A Wife has placed a petition for divorce. At the time of petition, both wife and husband are residing under one roof. They have 3 children and lived together for about 17 years. The petition filed has been returned back for requirement of some more documents to produce. Before re-filing of the same, the wife and husband had quarelled with each other and vacated the house. The petitioner (wife) is living seperately in another rented house and the respondent (husband) is absconding. His whereabouts are not known. Moreover he is not working anywhere. He just participates in gambling and horse-racings. So, his residence is not known.

 

Kindly clarify -

 

1) How to modify the address in returned petition? (OP number is not yet alloted). Can the addresses of the parties can be changed while submitting returned petition?

 

2) While re-filing the petition, petitioner's new address will be mentioned. But how about Respondent's address, as the address is unknown.

 

3) The court would send the notice to respondent in regard to the petition filed by the petitioner. Where should the notice be sent, in this case?

 

4) As petitioner's address is new, there is no address proof except the electricity bill on the name of house-owner. Is it sufficient?

 

And kindly suggest any other advices in this regard.

 

Thankyou



Learning

 1 Replies

Tajobsindia (Senior Partner )     17 January 2013

 

 

Originally posted by : RK

 

Kindly clarify -

How to modify the address in returned petition? (OP number is not yet alloted). Can the addresses of the parties can be changed while submitting returned petition?
Take: Amended Memo of Parties can be filed and all future Notice can be Ordered by ld. Court on amended address.

While re-filing the petition, petitioner's new address will be mentioned. But how about Respondent's address, as the address is unknown.
Take: Then the petition will not be admitted want of Service Address. Best would be to seek time to re-file and meanwhile approach HC for 
HCP to find and produce missing party or mention In Laws or relatives address or even the matrimonial house last occupied by both for a simple reason they were living with children under same roof when pending petition was filed. Such cases end up in ex part route later. 

The court would send the notice to respondent in regard to the petition filed by the petitioner. Where should the notice be sent, in this case?
Take: Repeat que. with slight verb changes, see above replies.  

As petitioner's address is new, there is no address proof except the electricity bill on the name of house-owner. Is it sufficient?
Take: Yes along with Sworn Affidavit.

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