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syam ( )     19 May 2016

How to file family court petition on my wife (left me)

Hi Sir, 

My wife kept false 498A on me and with draw after 1 year before court summons. after that from last 2 years she is staying with her parents. she said okay for mutual divorce ...based on her words i also said okay.

But she left to south africa now and not giving her address and her parents address for me... i am unable to send family court summons for her parents. due to lack of address...

When i am asking her for address in mail she is not responding. she is saying that i should accept all her conditions then she will stay vth me else she dont give divorce and she wont come to india...

My life was wasted... please advice how can i approch how to send notice to them . i know only her parents number. her number in south africa. 

when i call her parents they are not lifting.. when i went to log complaint on police station they said its family issue so i should approach family court.... without address how can i send notice...

there parents are characcter less people... took call money from people in vishakapatnam city (andhra pradesh) and escapeed to other place rajyamundry and changed numbers. they also kept IP in past.

Please advice my personal life was disturbed completely from 3 years. how can i apply divorce ?

 

 

 

 



Learning

 7 Replies

A walk alone (-)     19 May 2016

File divorce on cruelty and desertion basis. Court will send her notice at her Indian address of her parents. Court will give her three chance If she dnt received notice then court can publish notice in newspapers. And court will make decision exparty . You will get ex-party divorce.

P. Venu (Advocate)     20 May 2016

Yourr pofile that you are making a number of posting on identical issues. Please post real issues, if any.

syam ( )     21 May 2016

Hi Sir, 

What i am posting is the issues facing really in my life. What can i do , i did not xpect this range of twists in my life getting married to such girl.

when i try to consult lawyer he said that without having any address in India or other country court cannot give any notice. I am just having her and her parents numbers. if i call they are not lifting...

I want to separate from her... but she is cheating me . What can i do ?

Now a days Only character less girls having fun by keeping innocent husbands life in trouble.

I cannot stay with a girl saying that i should accept her conditions then only she stay vth me. is that called relation ship ?

Thats the reason i want to quit. she need a goat as her husband to folllow her words. I am not such kind. I have self respect... i cannot stay with her

1) please let me know , is it possible to have a notice to her without address ?

2) if exparty divorce came and if i marry to other girl. if first girl come demand money and property from me after few years ?


(Guest)

Why you want divorce? To marry again? Haven't you learnt the lesson to never marry girl in India. Find a girlfriend and start a live-in relationship. Forget this woman.

A walk alone (-)     22 May 2016

In 498a case or fir these will be her present and permanent address detail. You can send notice to that address if someone raise any issue of address show that fir copy to him. If you got exparty and marry with another girl you only have to pay her maintenance if ex wife demands and she is not working. In that condition you have you give her maintenance till her second marriage. Transfer your property to your parents. She may not get any property as they will be not your own its your parents.

T. Kalaiselvan, Advocate (Advocate)     23 May 2016

If your advocate is not cooperating then you change the advocate.

You can file a divorce petition on the grounds of cruelty and desertion.

You can file the petition and process the service of summons to her last known address.

Let the summons be returned at least two times stating no such addressee or addressee left. 

You may request the court by filing a petition under order 5 rule 20 seeking substitute service of summons by publishing the same in the local newspaper after which you can seek for exparte decree.

 

T. Kalaiselvan, Advocate (Advocate)     24 May 2016

Deleted the repeated reply caused due to some technical error


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