Domestic violence case summons not issued to husband

If the summons are returned from his residential address,the wife can ask the court to send the summons to his official address.

Go for MCD. No Hope, you will just roam around courts for years. Husband is delaying the matter and might be out of country. Rather than wasting time to catch him better invest in moving ON and finding a better life. 

1] But her husband was not ready in 2nd motion of MCD so proceed with DV.
sad part on husband.
2] where is her husband n this has been happening since april15.
assuming if last meet was in April thn 2nd Motion will b in October.
3] if her husband will not appear for coming date court will declare him ex party.
do not aware there is a ex-party in proceeding of MCD.
requesting seniors to put some light on it.

DV case, paper notification, dowry demands, physical and mental torture?

Better take exparte divorce and find someone else and re-marry, you will only loose years in court, DV wont get anyting and you will just become buddhi in court halls, and one day you will get divorced also but then nobody would want to marry you.

Think, fast, act swift, trying to catch a crook you wont get anything, if all were to be proper, you would be happily married, something is wrong somewhere and you know exactly where what went wrong, now chance for re-union is over, you cannot make a man love you through court.  Try not to commit same mistakes next time.   All the best for new search.

sir i differ.
v r strangers and have no moral right to say a word or two for a strange person [let it b he or she] on hearing frm other stranger who is neither client with a brief [let it b false or true] on which a petition to be filed.

Thank you all for your reply.  my frnd did lot of compromise to save her marriage .She compromise to her career ..she tried to make her husband's family happy.She never ever talk harshly with her in laws n brother n sister in law still they treated her like a maid. We have decided to proceed without waiting for her husband.I toatlly agree with Gyan Prakash as my frnd is just 25yrs old n intested of putting time n yrs in court case she will start new life. 

Question : If she take exparte divorce can her husband challenge her again in next court? 

Expartee decree can always be appealed in the higher court,that's a constitutional right.

If Expartee decree can always be appealed in the higher court then what is use of doing expartee. Suppose my frnd gets married or geting married  after expartee n thn if  his husband appealed in the higher court then what will happen?

means even after doing expartee she will not be freed frm this marrige thn what is actual use of expartee.really confusing. Then best possible soultion is her husband shuld come to court thru DV n both must get divorce.but this is really hard tak to present her husband in court

Originally posted by : Priya
	If Expartee decree can always be appealed in the higher court then what is use of doing expartee. Suppose my frnd gets married or geting married  after expartee n thn if  his husband appealed in the higher court then what will happen? means even after doing expartee she will not be freed frm this marrige thn what is actual use of expartee.really confusing. Then best possible soultion is her husband shuld come to court thru DV n both must get divorce.but this is really hard tak to present her husband in court

Ab dekho, usko tumhe satana hi he toh satayega, yeh DV case etc kon daalne bola?  If he is hurt, he make sure he give it back properly to you, either this way or that way, that much is sure, but in majority of the cases, court once you go to it asking for divorce, will give sufficient time to pass an exparte order.

If you have gone to court seeking divorce and if your husband does not appear in court for a considerable amount of time [after issuance of summons, paper notification etc etc, pasting of notice on his door etc] still if the maharaja does not appear in court, then court will give ex-parte orders of divorce, you can thereafter apply for certified copy of the decree and remarry after wiating for minimum 3 months,

Thereafter if your husband still goes to HC, then too court wont simply cancel the divorce decree that you have gotten exparte, they too will look into matter and then subsquently reject his appeal.

Anyways, to get good life partner it should be written in fate, to live with or to part with.  Good luck.

@Priya,  What you require is a good advocate and instead of self searching solutions for your problems.  Believe me, your problems are simple. But, legal  unawareness exacerbating your situation.  Refer to your latest post.  You say the ideal situation is that make efforts to get his appearance in DV case and get divorce.  How faulty logic is this.  If he appears in DV case, why you are quite sure, he agrees for divorce?  Next, other erroneous belief you hold is - once your friend get ex-parte divorce, as he has the option to challenge it either in the trial court or High Court, what is the fun of getting ex-parte divorce.  Now let me show the solutions to your problem:

1.  In the case of DV, three or four days earlier to the next date, inspect court file and findout whether notice was duly served on him.  If not, in this date itself, move an application saying that he is intentionally avoiding the notices and in fact he is working in the company, so serve the notice to the company head to deliver it on the husband.  Then that notice will be served on the name of company head and he has to receive it.  Then it becomes his responsibility to hand it over to the husband.  If he fails to do so, on the ground that husband is not employed there any more, he should come and inform the court about that.  If he does not do so, the court will deem that notice is properly served and proceed ex-parte or ask for paper publication. You need not worry, if he is living abroad, how paper notification serves the purpose.  It is mere formality and courts after doing this formality proceed ex-parte.   But now, important question comes up  that as your friend wants divorce, how can DV case helps her to get it?  I do not know, you tell me, who advised you to get divorce, you have to file DV case?  DV case serves the purpose to grant the relief, i.e., maintenance, residential rights etc. only and not divorce.

2.  Your friend wants divorce and he did not turn up in second motion.  then the option left to you is to file divorce case and follow the same problems of issuing notice on him.  But you can do it by serving the notice on the head of the company.  Let your friend get ex-parte divorce decree.  If he wants to  contest ex-parte divorce decree, he has to explain that why he did not contest in the first place.  Even after he satisfies the court and contests the divorce case, your friend can still contest it on merits.  As there are no shortcut methods, these steps have to be followed. Take proper steps and engage a good advocate, to cutshort of time in serving the notice on the opposite party and you will get relief.