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Asha   05 February 2019

Maintenance case

i, My husband is in abroad. He has sent a divorce notice to me and now i have applied for maintenance case(crpc 125). Maintence case petition was sent to him to the abroad address provided in the divorce petition.But it the post has returned back,saying he does not stay in that address.Looks like he has changed the address at abroad. so,i am not sure where he is staying. In this case how do i proceed further with my maintenance case. How can i get a maintenance.


 3 Replies

Advocate G. Pavan Kumar, LL.B (Advocate , Hyderabad)     05 February 2019

This is Generally Done with Embassy of That country. You can send notice to your Husband via Embassy. Embassy will know, where he is. If he absconds that itself punished in criminal law.

This also depend on which Country, and what Relationshio, India has with .

C.P.C - Your advocate can do this through Court.

Service in foreign country through Political Agent or Court. (O. V. R. 26). Order - 5 , Rule26 

Summons to be sent to officers of foreign countries (O. V, R. 26-A):

Vijay Raj Mahajan (Advocate)     06 February 2019

Summon service to respondent living in foreign country is through Ministry of Law and Indian High Commission based in the foreign country and that takes very long time in this process. It is always advisable to sent court notice through email to the respondent as alternate process with permission of the court. This process can not be denied by the respondent or ignored and Family Court can proceed ex-parte against the by respondent after not heard any defense from his side.

Suhail suhail (LAWYER)     06 February 2019

Please repley the below quetions;

In which country he is right now ?

The divorce notice is through some lawyer or by himself ?

You have any idea in which company he is doing the job?

Any socail meaid account ?  



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