If husband who is software engineer,dont giving his address ,stopped his mobile no,and not accepting divorce notice from wife
what will be wifes next step
sagar jadhav (employee) 25 January 2014
If husband who is software engineer,dont giving his address ,stopped his mobile no,and not accepting divorce notice from wife
what will be wifes next step
T. Kalaiselvan, Advocate (Advocate) 25 January 2014
A petitioner in a case filed in any court can be able to furnish only the last known address. If the respondent, with an intention to evade service of notice, keeps changing the address, the petitioner will not be able to furnish correct address hence alternately the petitioner can take steps seeking substitute service of summon under O5R20 of CPC by which the petitioner may be permitted to serve notice through new paper publication. Hope this solves your query.
dv (ghvhb) 25 January 2014
T. Kalaiselvan, Advocate (Advocate) 26 January 2014
If the respondent is not appearing even after the notice served through a news paper, then he will be set exparte and an exparte decree/judgment will be passed/pronounced by the court depending on the circumstances of the case.
@DV: I have very clearly mentioned that the notice will be served only to last known address. There is no question of serving the notice to the local or foreign address. If the respondent is in a foreign country and the petitioner has taken a process to serve the notice to his foreign address and the respondent after duly receiving it but chooses to stay back or decided to not to attend the court, it is his problem, the court cannot be expected to bear the cost of his airfare, but the government will take care of his extraction through other legal means. Whatever grievances you have on her or in the case, you have to tell them before the court only, you cannot decide on it sitting elsewhere.
dv (ghvhb) 26 January 2014
T. Kalaiselvan, Advocate (Advocate) 26 January 2014
@ DV:She cannot serve the notice through newspaper in India on her own, she has to take permission from Court for this.. She has to state before court that he has resided in this address or he is deemed to reside in this address in India hence seeking service of notice to him through newspaper, if court is convinced, then it may permit the wife to serve the notice through local newspaper, but if she had already sent notices to his foreign address and the same was was duly served upon him, she cannot seek permission to serve notice once again through local newspaper.
sagar jadhav (employee) 28 January 2014
I am the husband,now plz chill