raghuraman (Mangager) 13 August 2011

Need quick one word reply

If wife file 125 mainteance :

Husband not in india to collect the summon ? got returned reason "person not in india"" was that wife & court responsibilty to deliver to the right place of husband living?

If they cant deliver to husband ? cant trace him at all what the postion of the wife and court ?

How long the case can be prolonged from husband side?

If husband proves desertion by wife would he still needs to pay alimony?

can Husband simutleneoulsy apply for divorce RCR ,Desertion ,Cruelty ?

court courts to pay still husband denied to pay and living in abroad ? no property in india in his name whats the wife move ?

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2 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 15 August 2011

Confusing question. Anyways answering to the best what I understood

If summons are not served to the defendent, the court would go for publication and thereafter grant the maintenance, which would be enforcable when husband is found, if no property is attached.

Regarding Divorce and RCR. They are mutually exclusive remedies, can't ask for both of them. Just know what you want and act accordingly.

Also, if you file any case, you would be constrained to recieve summons in that court.