Suggestion Needed
Querist :
Anonymous
(Querist) 06 April 2011
This query is : Resolved
I married her in 2001, and have a 7 yr old son. She has been in UK for the past 3 years with her BF and has given the custody of my son to me. I do not have any contacts with her now as she does not reply to my emails and i do not have her contact number to speak to her. We sent a notice to her local residence where her parents stay.So that if they get the notice and accept, the case can be closed on Ex-Parte. Her parents did not accept the first notice and returned it back saying that "she is not in india". We sent a second notice and they have accepted it with her mother's signature. The third notice has gone and they are yet to accept it. Based on the above, have a few questions, would appreciate, if you could help me on the same.
1) The notice has to be signed and recieved by her and not her parents. hence in the first attempt, since it was mentioned that she is not india, it is complicating the case. As she is abroad, do i need to send the notice to her UK address (which i do not know) for the proceeding as per ex-parte ?
2) The next attempt, when her mom has accepted with her name on it, is it valid as it is not accepted by my ex-wife. Is it required that only she should accept the notice always and not her parents ?
3) An alternate option available is to excercise a Order 5 Rule 20 C.P.C divorce for substituted service through newspaper publication. Can this work as the same has been accepted once by her parents ? If yes, how long will i get the decree after the date of hearing mentioned in the publication.
