Service of summons

Engineer

Hello experts,


I have filed crpc 125 against my husband and i don't have any idea of my husband's whereabouts. According to my lawyer we tried serving summons through MHA but it failed now again court has granted us permission to serve summons through foreign embassy i have read process of serving summons and i am wondering if we could serve summons through foreign embassy i tried contacting foreign embassy asking about my husband's whereabouts also i faxed them my crpc 125 petition but they would not entertain my case. This time court has given us date far after 6 months and i am just tired and feel lost that i would never be able to serve my husband. We also tried asking court if we could publish in newspaper in foreign but they didn't grant me permission so the only way would be by embassy and i doubt foreign embassy would cooperate when i sent them email they said that i would have to do it through MHA and not their embassy i am wondering if my lawyer is just showing that he is trying but i really wanna know whatever he tries it's sucessfull.....i wud appreciate ur kind help.

 
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Engineer

I explained my lawyer that i contacted foreign embassy but they would not entertain our issue but he is not listening to me and still doing everything the way he wants to do. According to my lawyer if court ask to serve summons via foreign embassy they have to do so....pls correct me if i am mistaken And last my lawyer says that in case if my husband still doesn't contact me then it's better to settle the issue within family. Let me know if i need to change a lawyer or not ?

 
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Lawyer

Your Lawyer is right. Changing the lawyer would not help you much. unless you have the address of the husband your lawyer could not help you. My personal opinion and experiece is  that even if you find the address of your husband even then exparty decree or execution of decree will not help you much..  but it could vary from case to case.  


Total likes : 1 times

 
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Engineer

@ Piyush sir Is there anyway am i entitled to claim my father in law or mother in law property ?

 
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Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com

Do u know where he is working? Then u may serve him notice through her company.

 
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Lawyer

No there lies no rights on the property of your inlaws..... but DV act do have provision for asking a right in the Sharedhousehold in case you ever resided in that property with your husband after marriage. This is limited to residential rights but no ownership of the property.

 
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Engineer

Originally posted by :Kamal Grover
"
Do u know where he is working? Then u may serve him notice through her company.
"

 

@ Kamal sir all i know what company he works for but i really don't know his office address.

 
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Engineer

     

Sir in case if summons is served through a proper channel then what would be the procedure in order to bring my husband back to india ? Is extradition possible ?

 
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Engineer

My husband is american citizen

 
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job

@ Bhoomika extradition is not possible if u want to know more about extradition i would love to share my story with you and then you will understand how things are handled overseas. Whatever you are thinking of extradition for foreign citizen that is not going to happen.


 
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