Divorce Application

Its really difficult to locate such evasive husband. But certainly you are not remedyless, you can file the divorce pitition by giving last known address of the husband in the petition. And you can also give husband's father address as the address of the husband. If the service of the petition is not effected then you can request the court to give permission to serve him through publication.

I do agree with my Ld. friend. U can get an ex-parte order

Yes, an ex - parte decree can be passed.

I do agree with the view of Mr prabhat kumar.

yes. all ld. friends are right . you will be entitled for ex party decree if he does't appear after publication.

The best couuld be to serve the petition on your client's husband at the address of his father in India, or in the alternative if the marriage was registered then the service could be affected at the address recorded in the marriage certificate. If his father accepts the service, the problem is solved. However as is more likely, if the petition comes back unserved, you will have to effect the service again. Usually, after two or three failed attemps at service, the court allows service to be affected by publication in newspaper. So that can be done. Thereafter if the husband still does not appear in court, ex-parte decree for divorce can be obtained.

Rightly sugested by Mr. Tushar

Thanks for the replies. But i thing i forgot to mention is that the lady also wishes for mainatainence from her husband as she is unable to support her son adequetly with her meagre salary of Rs. 3000/-. Can she apply for mainatinence from her father-in-law since her husband is absconding

yes you can claim specifying the property which is jointly owned by your father in law and husband.

yes you can claim specifying the property which is jointly owned by your father in law and husband.

How long your client's husband deserted her? If she was deserted for two years a petition for divorce under section 13(1)(i)(ib) of the Hindu Marriage Act,1955 shall be filed.