Cases 125 of maitenance

Sundram N (Querist) 10 October 2012 This query is : Resolved
Dear Friend and senior,

kindly suggest that, if notice of 125 is sent to native place of the husband and father of husbnad has not received saying that his son is not stayin here in back 10 years.

in case of complaint, address of the husband mentioned as present address is out of the state of native place but if notice is issued to native place then it will be deemed to serve properly.

no any notice is issued to present address of the husbnad till now. my senior is saying that notice will be publiced in news paper in that area where is the case is filed of 125. sir, i want to know your valuable openion on that :-
1. can husbnad appear in the case of 125 where as he has not received notice till now?
2. if court is publicing notice of 125 in news paper then, it will be deemed to serve the notice to the hand of husband ?

3. what would be the best strategy for the side of husbnad that, he will not appear before the court as his anticipatory bail is pending. opposite side is making plan to make arrest if husband appear before the court.

kindly advice

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ajay sethi (Expert) 10 October 2012
he can engage lawyer to appear on his behalf . he can appear if he so desires .

if opposite party is making plans to arrest husband if he is appearing in court cross check court records whether summons has been served or not .

if not served ask some one to watch the orders that are passed by Magistarte .

if served then engage a lawyer .

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