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Anusha   24 December 2015

Absconding husband

Hi Sir/Madam,

My husband is abconding since july2014 , he stays in US. We are married in the year 2010, i was in US only for 6months, later he sent me India for a vacation and from then he is giving all reasons to make me stay back. So, finally me and parents decided to go for divorce and he agreed for that. From then he is absconding by not lifting my phone calls and not replying my mails.So, i filed a Divoce case against him and I am sending him court summons but unfortunately the summons are not returning back and the case is being detailed . im not even having any source of contact with his parents too as even they are absconding from then. I jus need a proper advice to find his current Address, as im having his Social security number. Kindly help me 



Learning

 11 Replies

sandykrish (Interested in Family LAW)     24 December 2015

If you are from Bangalore PM me will guide you on the next steps

SAINATH DEVALLA (LEGAL CONSULTANT)     25 December 2015

  File a police complaint about his absconding and keep a copy of it. File a complaint before NCW (national Commission for Women)  through e-mail and if you are a delhi resident file it personally.  They have a separate wing to follow up NRI victims cases.  If you get any consolation out of this information, that victims like you are thousands in numbers.  Some of the brides were deserted at IGI Airport by their callous NRI husbands after enjoying their money and body.  IGI Airport received such complaints on several occassions. For getting successful divorce decree, the respondent's address is must.  As per the latest procedure, in some cases, even e-mail service is accepted by the courts.  Any how, it is better to get correct address of the husband.  For that engage a good detective agency and find out his correct address.  If he refuses to receive the notices or in some other circumstances, the courts will allow you to go for paper publication of notice and after that, hearing you, grant ex-parte divorce decree. The procedure of serving the summons in USA  is through Ministry of Foreign Affairs.  Several circulars were issued by the Govt. in this respect laying down the procedure to be followed in such cases.  But experience shows that they are not effective.  In India, the most difficult  thing is to get the notices /  summons  served on the opposite party.

It is not just the question of you to get divorce and settle for another marriage.  While you do so, without having any revenge in your mind, but such people should be punished severely for exploiting the girls mentally, physically and economically through procedure of law, so that they will not come back here again to hunt some more innocent women..

 

Adv.Yashwardhan Tiwari (Advocate IPR Associate )     25 December 2015

Dear if you are aware of his name mentioned in passport than ask court to serve notice via embassy of concern country as all addresses of people travelling india or from india is available . It will be the only way and if you have any of his local permanent or relative address than the summon it on that. Divorces normally hapened only after hearing party.

Samir N (General Queries) (Business)     28 December 2015

Contact Women Assistance Groups in USA, forward them his U.S. social security number and explain them your situation. You can contact them online. Do some research. If you do not have his social security number, have the police contact his employer in India (presuming that he is working for an Indian employer) and have them release his social security number and his precise whereabouts here in the U.S.  Once you have his address and Social Security number, rest is easy.  Once he finds out that you are going thru the U.S. route, he will regain his senses and participate in any legal proceedings which can then go on the merits and decide who is right/wrong. 


Inform his employer that if they do not disclose his whereabouts, then you plan to write to the "U. S. Attorney's Office" and "the District Attorney" in the state where he is residing and hold the employer also criminally liable.  That letter will ensure that the employer co-operates. Give the employer a certain time limit to respond. Simultaneously, proceed through the police route.


PLEASE NOTE THAT I AM ONLY ADVISING YOU TO SEEK POLICE HELP TO GET HIS WHEREABOUT AND NOT TO FILE ANY POLICE COMPLAINTS AGAINST HIM.

CompelledToLearnLaw (Financial Examiner)     28 December 2015

Absconding? Did he murder? Do not be as dumb as ur advisors. Relationships break down. No need to hang him. Gussa peelo. Revenge like acid rot the hand which houses it. 

 

Really bad advice from each and every one who has replied to the OP. It's as if every replier wants to feed the revengeful dracula inside her. 

 

Dear liar, sorry I mean lady, if all u want is a divorce, just give ur husband's last known address to the court and then go for newspaper proclamation when all other avenues for delivering divorce case summons r exhuasted. U will get an exparte divorce. 

 

Source: personal experience.

 

I have seen people so pumped up about opening new businesses and then I've seen a lot of those businesses close down very fast. That's life. Likewise, marriages r the same. We just make uncalculated decisions. A businessman can either cut the losses and move on or he can beg the government for money or wait for the customers who r not coming. I suggest u move on. I think women do not love, they only want a share in a man's belongings such as money, looks, foreign passport etc. Prove me wrong, leave him and be happy without him. Or better yet, prove me right, find a man who has more belongings than the current one.

SAINATH DEVALLA (LEGAL CONSULTANT)     29 December 2015

Dear Compelledtolearnlaw(FINANCIAL EXAMINER), UR reply too the above query is very agamand and irresponsible towards a woman querist, who is a victim .U should add value to UR reply whenever U are replying to a query as UR replies will either give a legal solution or solace to the needy victims either male or female.From the above it could be understood that U R a woman hater,but keep  it within URself as this is a public forum.UR attitude towards the experts too is unwarranted and objectionable.Just because U have a laptop or a computer,UR hands may be itching towards the keyboard, butUR fingers cannot tap on the alphabets they like.Hence restrain URself from such replies.

SAINATH DEVALLA (LEGAL CONSULTANT)     29 December 2015

In the second line it should be read as adamant,typing error.

Anusha   29 December 2015

Dear Compelledtolearnlaw , Im so sorry if Absconding is the wrong word i used. Then i would like to know it from u, what is it called when a married man has ran away without informing anyone. We dont know his current address . As u suggested me i hav sent him summons to his old address but there is no response . And the court itself suggested me to know the current address to serve him the notices. Why did the Judge himself want to know his address? And for ur information im not a Lier, please dont make fun of woman who suffer from so many pressures in the society for the mistake of a fool who plays with our emotions and money too. Who gave him right to spoil my life by running away. I request u , if u cant suggest me please dont post... If u can help by any means ur most welcome. And please let me wat we call someone who ran away from family
1 Like

Anusha   29 December 2015

Dear viewers, Thanks for the support . I hav his passport name and even his SSN, i hav reported in maximum sources you all suggested me and im waiting for the reply from them. I hav a doubt which i wish u can clear it, is it legal to know abt his details through SSN ? Many USA gov sources doesnt wish to disclose that as it is very secured. I tried him through email ,but he is not replying for anything . The Court itself suggested me to try all ways possible to know his current address but i dnt know which is correct to know his details. I tried contacting his parents too, but they are saying that even they dont know anything about him. Im jus helpless and want to get justice .

Anusha   29 December 2015

Dear viewers, Thanks for the support . I hav his passport name and even his SSN, i hav reported in maximum sources you all suggested me and im waiting for the reply from them. I hav a doubt which i wish u can clear it, is it legal to know abt his details through SSN ? Many USA gov sources doesnt wish to disclose that as it is very secured. I tried him through email ,but he is not replying for anything . The Court itself suggested me to try all ways possible to know his current address but i dnt know which is correct to know his details. I tried contacting his parents too, but they are saying that even they dont know anything about him. Im jus helpless and want to get justice .

T. Kalaiselvan, Advocate (Advocate)     03 January 2016

Since you have already initiated the divorce process, your concern is that he is not accepting the summons or the summons are not returned (?), if that is the case, there are lot of other ways to get the case disposed in a very easier manner, i.e., file an application under order V rule 20 seeking substitute service of summons by publishing the same through any local newspaper after which the court will set him exparte and grant you exparte divorce. 

The case will be disposed at the earliest.


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