Case of 125 crpc

No as per S.64 of the CrPC - If person to be served cannot be found service can be done only with an adult male member living with the person sought to be served. If the husband has left native place 14 years back, family no longer lives with him. Hence it cannot be done. The other resort is only publication. 

Bharat Chugh

Advocate Supreme Court of India

Mr. Sundram,

notice i.e. summons  is served to compel the appearance of the party before the Hon'ble court. Summon,s usually served where part y ordinarily reside or carries business or does service.If the petitioner does not  know these address but knows the address of the native place of the opposit party , in that case the petitioner may give the address of the native place of the opposite party in his petition.If summon's is issued to the  opposite party at  the address mentioned by the petitioner in his petition, and if the party is not available  at that address than it may be served to any adult  family member of the party u/s 64 of Cr.P.C. If serving of summon not posible u/s 64 than  serving officer shall affix a copy of it at some  such  place of the house from where it is easily visiable and if the court after making such inquiries as it think fits  may either declared that summon has been duly served or order fresh service in such manneras it considers proper which includes publication , served by registered post.  Better not to avoid accepting summon