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sagar jadhav (employee)     25 January 2014

Abscodning husband

If husband who is software engineer,dont giving his address ,stopped his mobile no,and not accepting divorce notice from wife

what will be wifes next step



Learning

 7 Replies

T. Kalaiselvan, Advocate (Advocate)     25 January 2014

A petitioner in a case filed in any court can be able to furnish only the last known address.  If the respondent, with an intention to evade service of notice, keeps changing the address, the petitioner will not be able to furnish correct address hence alternately the petitioner can take steps seeking substitute service of  summon under O5R20 of CPC by which the petitioner may be permitted to serve notice through new paper publication.  Hope this solves your query.

dv (ghvhb)     25 January 2014

What if the person accused is overseas ? What if the case was filed after the person left for overseas? Does the applicant need not have enough proofs to summon him from overseas ? Who has to bear the airfare cost for the accused to come from overseas in a false case? In my case wife had a return ticket but she choose to stay back and file a case without proof and logic .it does not make sense I leave my job to waste time and fight false cases.basically she wants me to stay in india and I cannot .

T. Kalaiselvan, Advocate (Advocate)     26 January 2014

If the respondent is not appearing even after the notice served through a news paper, then he will be set exparte and an exparte decree/judgment will be passed/pronounced by the court depending on the circumstances of the case.

@DV:  I have very clearly mentioned that the notice will be served only to last known address.  There is  no question of serving the notice to the local or foreign address. If the respondent is in a foreign country and the petitioner has taken a process to serve the notice to his foreign address and the respondent after duly receiving it but chooses to stay back or decided to not to attend the court, it is his problem, the court cannot be expected to bear the cost of his airfare, but the government will take care of his extraction through other legal means.  Whatever grievances you have on her  or in the case, you have to tell them before the court only, you cannot decide on it sitting elsewhere.

dv (ghvhb)     26 January 2014

Thank you mr.Kalaisevlan You can guide the best as an advocate , I am a victim and learning the guidelines. Can she do a put up a paper notice in India when she has already said that I am residing overseas.. Will that count in case if serving summons to me has failed ?

T. Kalaiselvan, Advocate (Advocate)     26 January 2014

@ DV:She cannot serve the notice through newspaper in India on her own, she has to take permission from Court for this.. She has to state before court that he has resided in this address or he is deemed to reside in this address in India hence seeking service of notice to him through newspaper, if court is convinced, then it may permit the wife to serve the notice through local newspaper, but if she had  already sent notices to his foreign address and the same was was duly served upon him, she cannot seek permission to serve notice once again through local newspaper.


(Guest)

You have tortured your husbandd so much that he ran away.  No use running behind him.  Find some other backra and marry again.

1 Like

sagar jadhav (employee)     28 January 2014

I am the husband,now plz chill


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