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Shweta (Lawyer)     24 March 2009

Divorce Application

Hi

My Client wants to file for divorce. However her husband has left the country without her knowledge. She does not have his address nor any contact no. The only person her husband is in contact with is her father-in-law(his father). However the father-in-law outrightly refuses to give any contact of his son and says that he is not in touch with his son. The police refuses to force her father-in-law to reveal the contact since he lives alone and he is a senior citizen. Wish to know how can we file for a divorce in such a case since we do not have his address nor any contact. If on courts direction he is called to court he wil refuse of having any knowledge of the contacts. Please help on further course.

Regards

Shweta

 



Learning

 11 Replies

Prabhat Kumar (Advocate)     24 March 2009

Its really difficult to locate such evasive husband. But certainly you are not remedyless, you can file the divorce pitition by giving last known address of the husband in the petition. And you can also give husband's father address as the address of the husband. If the service of the petition is not effected then you can request the court to give permission to serve him through publication.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     24 March 2009

I do agree with my Ld. friend. U can get an ex-parte order

Vijay Kumar (Advocate)     24 March 2009

Yes, an ex - parte decree can be passed.

n.k.sarin (advocate)     24 March 2009

I do agree with the view of Mr prabhat kumar.

Swami Sadashiva Brahmendra Sar (Nil)     24 March 2009

yes. all ld. friends are right . you will be entitled for ex party decree if he does't appear after publication.

TUSHAR SUMAN THAKER (ADVOCATE)     25 March 2009

The best couuld be to serve the petition on your client's husband at the address of his father in India, or in the alternative if the marriage was registered then the service could be affected at the address recorded in the marriage certificate. If his father accepts the service, the problem is solved. However as is more likely, if the petition comes back unserved, you will have to effect the service again. Usually, after two or three failed attemps at service, the court allows service to be affected by publication in newspaper. So that can be done. Thereafter if the husband still does not appear in court, ex-parte decree for divorce can be obtained.

sanjeev murthy desai (Advocate)     25 March 2009

Rightly sugested by Mr. Tushar

Shweta (Lawyer)     26 March 2009

Thanks for the replies. But i thing i forgot to mention is that the lady also wishes for mainatainence from her husband as she is unable to support her son adequetly with her meagre salary of Rs. 3000/-. Can she apply for mainatinence from her father-in-law since her husband is absconding

Swami Sadashiva Brahmendra Sar (Nil)     26 March 2009

yes you can claim specifying the property which is jointly owned by your father in law and husband.

Swami Sadashiva Brahmendra Sar (Nil)     26 March 2009

yes you can claim specifying the property which is jointly owned by your father in law and husband.

B.N.Rajamohamed (advocate / commissioner of oaths)     29 March 2009

How long your client's husband deserted her? If she was deserted for two years a petition for divorce under section 13(1)(i)(ib) of the Hindu Marriage Act,1955 shall be filed.


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