husband left to Us witout informing me
Guest
(Querist) 28 June 2010
This query is : Resolved
My husband deserted me and flew to US after 6 months of marriage.and i filed a DV case against my inlaws and my husband.My inlaws are not attending for the hearings and produced medical certificate and high court stay order.I am fine with it,but How can i send the court summons to US?My husband is not at the previous address(america).He changed his phone number too. How to trace his address. Can i send the summons to his previous address/office address by writing his Social security number on top of the registered post cover?
Please suggest me the best option in detail.I called up the embassy and they said they are not responsible for tracing out as it is a personal issue.All i know his work details and SSN details.Will it help? Poor my lawyer doesnt know anything about US procedures.So please help me.Waiting for your reply.Attached my husbands earnings summary,where you have all the details.
Guest
(Querist) 28 June 2010
My husband deserted me and flew to US after 6 months of marriage.and i filed a DV case against my inlaws and my husband.My inlaws are not attending for the hearings and produced medical certificate and high court stay order.I am fine with it,but How can i send the court summons to US?My husband is not at the previous address(america).He changed his phone number too. How to trace his address. Can i send the summons to his previous address/office address by writing his Social security number on top of the registered post cover?
Please suggest me the best option in detail.I called up the embassy and they said they are not responsible for tracing out as it is a personal issue.All i know his work details and SSN details.Will it help? Poor my lawyer doesnt know anything about US procedures.So please help me.Waiting for your reply.Attached my husbands earnings summary,where you have all the details.
Guna Shekaran R
(Expert) 28 June 2010
You can send the court Summons/Notice served through our indian embasy office at US. Its web site is http://www.indianembassy.org/. Consult your Lawyer he will help.
Bobby Mani T
(Expert) 28 June 2010
After you have send notice to him, after that you apply to the court for allowing you to publish notice in the news paper. That is a proper service of notice.
Guest
(Querist) 28 June 2010
Thank you for your suggestion,but i would like to know if we publish in the newspaper,it will just get published here in India,how about US?How can i step forward?My lawyer has no clue about it.And how to approach through Indian embassy,please explain it to me in detail.Thanks in advance.
Guest
(Expert) 28 June 2010
I suggest the following steps:
1. File an online complaint on the website of National Commission for Women, which have a dedicated section for the hapless women like you, who are deserted by NRI men.
2. It is important to know that what are the relief(s) you sought in your domestic violence Act case. Whether you sought shared household in your matrimonial home or not? Your in-laws are well aware of your husband's present address and they are keeping it secret. Hence, talk to your advocate and this fact has to be brought before the High Court where they got stay order. High Court can force the in-laws to reveal the address, by virtue of the powers vested with it under Section 482 of Cr.P.C. The people (in-laws) are not entitled to get any relief from the court when they hide the address of the accused in domestic violence case.
3. Serving of summons on the last known address of the husband? It can be done by obtaining the order from the court under "letters rogatory". It is a time consuming process.
4. Other option is to serve summons under "Hague convention of service", in which India is a party from November, 2006 and US is a a party from 1964 onwards and you can ask the judge to serve the summons to the "central agency" mentioned in the convention and it would take care of serving the summons and submit the certificate to the court.
Wish you best of luck.
Uma parameswaran
(Expert) 28 June 2010
Very informative answer given by L.Friend Prabhakar.
Guest
(Querist) 30 June 2010
Thanks for replying and guiding me.In case if i send the summons to my hubby's workplace,will he take the notice?I was suggested to mention his head of the departments name? So,what should i mention in the address?Please tell me the format? What is the central agency' and Indian embassy at US's job in delivering the summons? I informed my lawyer about this procedure,she says she has no clue about it and asked me to get more information about this procedure.Please advice me.
