Serving of summons if foreign address is unknown
Law Querier
(Querist) 04 May 2014
This query is : Resolved
Husband is Indian Citizen and lives in India. Wife is Indian Citizen but have PR visa of foreign country and lives in foreign country. Husband & wife married in India in 2011 as per Hindu Marriage Act. Wife went back to foreign country after solemnization of their marriage. After some months, she filed divorce petition in foreign court on the ground of separation. The notice of divorce petition filed by wife in foreign country was sent from parents of wife residing in India to address of husband and similarly, she had filed divorce petition u/s.13(1)(ia) of H.M.Act in Family district court of India by giving power of attorney to her father. Husband does not want to divorce. So, he contested divorce case in family district court of India. After that, husband received divorce certificate/decree from foreign court. Then, the contested divorce petition of family court of India has converted into mutual consent divorce petition u/s.13B of HMA by giving threat and force to husband through in-laws. But, on the next date husband had withdrawn his consent from the petition of mutual consent divorce as he does not want divorce to his wife. So, the family district court of India has disposed the petition of MCD.
Now, husband wants to challenge the foreign divorce decree in Indian court. But, the problem is that he does not know the current resident address of wife in foreign country. Wife is not residing on the address which given in foreign divorce petition, in Indian divorce petition and also in marriage certificate. Husband only know the address of parents of wife residing in India. Husband has e-mail addresses of wife, but, it is also confusion whether the e-mail addresses are working or not.
Que-1: How can husband serve a notice/summons to wife as the address of wife in foreign country is unknown to husband?
Que-2: Can he serve a notice/summons at the address of parents of wife as the notice of foreign divorce petition from wife was sent/served by parents of wife (residing in India) to husband?
Que-3: Parents of wife already know the foreign address of their daughter but they would not disclose the address to husband. Can husband insist parents of wife to declare wife’s current address in foreign country through police investigation or Court?
Que-4: How is the option of writ of Habeas Corpus in high court in this case?
Guest
(Expert) 04 May 2014
Your 4th question would be the Right Remedy for your self Do it in a perfect manner with the help of a Senior Advocate with out disclosing the fact that you are aware of the fact she is out of country and let her parents come out with facts and proofs
Uday Kumar
(Expert) 04 May 2014
You re talking about two divorce petition, one in Foreign Country and another is in India. Please note Decree of foreign Country cannot be challenged in Indian Court directly Hence you need to challenge the Decree in that court only subject to limitation
Now Consent decree (MCD) passed in Indian Court is non changeable and there is no legal meaning of your re visiting the consent given after one day.
Please take your Legal recourse accordingly
Regards
advudaykumar@gmail.com
Law Querier
(Querist) 04 May 2014
MR.Uday kumar,
As I believe Under Sec.13 of CPC there is a provision of challenge the foreign divorce decree.The fact is that MCD has not passed in Indian court but the petition of MCD has disposed as husband has withdrawn his consent from the petition of MCD.
Guest
(Expert) 04 May 2014
The Lady who had simply absconded after marriage and her irresponsible parents who does not want to disclose her where abouts should be taught a Lesson.This is really happening to many innocent young men.You could Still Insist on Living with her and file Habeas Corpus.
Law Querier
(Querist) 04 May 2014
Thank you, Mr.Narasimha for your quickly reply and for taking interest in case.
Law Querier
(Querist) 04 May 2014
Thank you, Mr.Narasimha for your reply and for taking interest in case.
Guest
(Expert) 04 May 2014
Welcome.Deal it Carefully.Consult a Senior Lawyer.All the Best
Law Querier
(Querist) 05 May 2014
also seeking other experts advice & opinions.
Devajyoti Barman
(Expert) 05 May 2014
There is no need for declaration that the foreign decree is not binding on you.
The decree of foreign court is not binding if you did not submit yourself in the jurisdiction of the said court by way of entering yourself.'
However to negate the effect of it you can file suit u/s 9 of HMA wherein you can mention her last known address in India.
Once the summons returns unserved you can apply for substituted service through paper publication.
T. Kalaiselvan, Advocate
(Expert) 07 May 2014
The decree of divorce by a foreign court for the marriage solemnized in India that too as per Hindu Marriage Act of India, is not valid in law and cannot be treated as a decree of divorce as per Indian laws. She should have obtained divorce as per Indian law in one of the courts of India. Now since you do not want to give divorce to her, you may follow the suggestions advised by expert Mr. Barman which will be next alternative in your case. There is no use of filing a Habeus corpus writ petition at this stage because she has left your company long back and also has filed a MCD through a GPA sitting in a foreign soil which is very well in your knowledge.
