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Harrassed (accountant)     13 October 2016

Need to send summons to divorced wife but not have local add

Dear Experts,

We were divorced in 2013 and she filed  498a which is stayed by high court and she is not coming to court from last 2 years in dv proceedings.125 is dismissed due to non presense of her.

Now i want to claim custody for my daughter which is going to 5 yrs in next month but my ex is shifted to delhi from UP in 2014 and i dont have her current address but i know where she is pursuing her phd in delhi and department too.

My question:

How can i send summon her via court because i dont have her local delhi address,is it possible to send summon in collage?

Thanks In advance.

Imran

 

 



Learning

 7 Replies


(Guest)
Address is essential. Atleast last found address, send summons to such. Next newspapers notification 3 times in local newspapers ie Delhi or wherever she is. 65 crpc application pasting of summons to conspicuous part of house or building where she is or was staying. Tom tom via ameen. Next, ep application, police intervention, seizing of kid from mother or wherever she is if she fails to attend case.

(Guest)
Address is essential. Atleast last found address, send summons to such. Next newspapers notification 3 times in local newspapers ie Delhi or wherever she is. 65 crpc application pasting of summons to conspicuous part of house or building where she is or was staying. Tom tom via ameen. Next, ep application, police intervention, seizing of kid from mother or wherever she is if she fails to attend case.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     14 October 2016

So far as DV case is concerned, move an application in the court that as the petitioner is not persuing the case, it has to be dismissed.

As you know college address, where she is persuing her Ph.D., you can move an application in the concerned court to serve the summons on the Head of the Department to serve it on her and send the acknowledgement of serving of summons to the court sending it.  It is a procedure laid down in C.P.C.  And also, you can ask the court permission to publish in the news paper available in Delhi as she is studying there.

After having said that, so far as custody of your child is concerned, the jurisdictin lies where the child ordinarily resides.  If the child is also residing in Delhi, then the proper court is in Delhi.

Samarpan

Harrassed (accountant)     14 October 2016

Thanks Experts for your valueble advice.

Actually i don't know where she kept my child,its either in delhi or up.

But she is doing phd from delhi,i got reply in RTI from collage.So i am assuming child is in delhi with her.

So is it acceptable to send summons in delhi collage ?

 

Thanks

Imran

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     15 October 2016

It is acceptable to send summons to her college address.  Child custody case, if you are sure that child is residing in Delhi, better file it there.  If you have doubt, then better file it both the places.

Samarpan

ANAMIKA VICHARE (LAWYER)     16 October 2016

You can send summons to her college, but yo wontget custody but you can get access

however pratically if you try to meet her and in nice way try to get accessi instead fromcourt

 

Harrassed (accountant)     16 October 2016

Thanks experts,

Yesterday i told this to my advocate to send summons in collage..then he said lets first send notice to her in collage looping her head also as well as on UP address too and then let her reply first,if she will not reply,then we will file case in jurisdiction where collage is located  for child visitation and if she is married then we will claim custody also actually and there is no female family member to take care kid when she goes to collage for classes.

Is it right approach?

*If any1 knows good advocate in saket court for child custody pls do let me know.

 

Regards

Imran

 

 


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