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samishtha   18 July 2024

Divorce case filed and husband left to canada

I have filed cases for divorce, domestic violence, maintenance against my husband but he moved to Canada before that and I do not know where he resides in Canada. His parents are also not telling. How doove forward in the case?



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     19 July 2024

You have filed the cases, if he is not available to receive summons then you can approach court with an application to serve by a  substitute mode.

Get an exparte divorce and get an exparte order in maintenance case. After that you get his immovable property attached towards security for payment of arrears of maintenance amount. 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     19 July 2024

If your husband has left for abroad after filing a divorce case, you can take the following steps: 1. _Seek legal advice_: Consult your lawyer to understand your rights and options. 2. _Serve notice_: Ask your lawyer to serve a notice to your husband's last known address or through his lawyer. 3. _Ex-parte proceedings_: If your husband doesn't respond, you can proceed with the divorce case ex-parte (without his presence). 4. _Court permission_: Obtain court permission to serve notice through email, WhatsApp, or publication in a newspaper. 5. _Wait for court proceedings_: The court will proceed with the case, and you may be granted a divorce ex-parte if your husband doesn't respond. 6. _Enforcement of decree_: If you're granted a divorce, you can seek enforcement of the decree through the Indian courts or foreign courts (if applicable). Remember to consult a lawyer experienced in international family law to guide you through the process.

samishtha   19 July 2024

Thank you for your response. He left Canada before official filing of divorce. His parents sold the house where we were living with them and they are saying they do not have their son's current address. I have written to our high commission in Canada but I am not sure that they can help without court's involvement. We have a son for whom I am asking for maintenance. He has taken money from my family. I want atleast that back


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