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ramamani (practice)     17 September 2013

Husband changing his address

My client has filed a domestic violence case against her husband. Since the husband did not appear before the court, he has been proceeded ex-parte. Still evidence is tobe recorded. In the meanwhile, the husband has changed his residential address. and the new address is not known as the wife has no contacts with the husband. Now how to find the address of the husband? Ideas please.



Learning

 29 Replies

Vivek (manager)     17 September 2013

Tell your client to talk with her husband and ask her to say, she want to meet him in his residency.

Tajobsindia (Senior Partner )     17 September 2013

1.    If your client’s complaint case has been ordered to proceed ex parte then she should tender her evidences first.

2.    Once she manages ex parte protection order then same can be served upon husband via Jurisdiction Police which is as per Rules of DV Act, 2005.

3.    If Jurisdiction Police fails to serve Protection Order on respondent husband last known ordinary residence address then proceed on proclamation Order.

4.    Your client has only above limited remedies as per context of this brief.

Observation:-
In my opinion a aggrieved person should behave like an aggrieved person instead of trying to find – meet perpetrator of domestic violence.

ramamani (practice)     17 September 2013

He does not pick up the phone or answers. He has changed the address with an intention to avoid legal obligations.

ramamani (practice)     17 September 2013

Thanks. Is it possible to execute the protection order  through the police without knowing the current address  even though he has shifted to some other house in the same locality/nearabouts.


(Guest)
Originally posted by : ramamani

Thanks. Is it possible to execute the protection order  through the police without knowing the current address  even though he has shifted to some other house in the same locality/nearabouts.

Why do you want to go to your husband who allegedly did domestic violence on you.


Your words and actions are contradictory.


What will police do?


Even if you give the address of where he is, if he is not willing to accept you back, what will police do?


Ok.  They will take you and drop at the place where your husband is staying.  Seeing you, after the police leaves, he might just hit you  with a rod on your head killing you for you put a false case on him?  


In marriage, love n affection should be there, not police and judge.


You have messed your life by putting domestic violence case.


For things could have been dealt in a subtle manner you took a hammer to handle the case, thus breaking your relationship with your husband for ever and ever !


Just try proposing to that judge himself who knows you might find a good husband in him, as he has already started to listen to you legally ! Oops thats after you getting divorce from present one.  Good luck roaming to court halls.

1 Like

ramamani (practice)     17 September 2013

@helping hand. Thanks for your intelligent reply. 

 

 

T. Kalaiselvan, Advocate (Advocate)     18 September 2013

Mr. helping hand's advise on the issue is misguiding.  The women has been victimized by her husband hence she has approached the court seeking relief over her grievances.  The husband cannot hide himself for a long time, the police after thorough inquiry, can locate him and help this female to get justice.  If the female decided to fight out the evil she should not give it up half way due to external pressures, should ensure fighting till the end enduring all difficult hurdle on the way.


(Guest)

Where does he work ? 

ramamani (practice)     19 September 2013

he is working in a hotel as assistant manager

Tajobsindia (Senior Partner )     19 September 2013

Then in that case execute PO C/o HR Manager name of the Hotel stating husband full name and designation, provided hotel's location is falling within Indian territories.


(Guest)

These women are only for money not for husbands............

 

If she would have been for married life then definately she would have gone for seperation and not for same treatment.

As per DVA she will get house,money and protection and live life ahead as a Queen Size....That's her thinking.


But she don't know Life is as miserable as concubines where you will get money but no life and respect.

 

I feel pity for those women who are really mistreated by her husband but again they want to go to such hell,why because..........She is Indian Abla naari?

Iam astonished by the Government thinking as Indian women needs to get empowerment.But when the real time to get empowerment comes they become parasites to suck money from her husband's.

One side they propell women to get their self stand and other end they make them prey of parasites with these false Law's which is no where stand in empowerment of women.

 

Empowerment will automaticaly generate when government will make clauses in maintenance section's as those who are graduate and are not suffering from physically handicapped to atleast earn according to minimum wages act they are only enitled to get maintenance then see How can't these women not get empowerment's and why not India will not Shine or Why not Padhega India Badhega India.


regards,

A sufferer..

1 Like

ramamani (practice)     19 September 2013

@Tajobsindia .  Thanks .

Tajobsindia (Senior Partner )     19 September 2013

@ Sufferer

Out of blunt curiosity may I know;

1. How do you know this woman is parasite?

I mean did ld. brother asking questions in the forum share case files with you OR h/er client whisper in your ears?

Reasoning has to be there with every statement otherwise husbands can also be accused of the same and why they should not! 


(Guest)

@Tajob,

1.Share your reasoning why a women want's to go to same hell where she has been treated with black and blue?

 

2.Can't you sense the question of query that husband has been hiding of his resdience ,so what you will assume from this as his husband is damn good to treat her well if she rejoins her.

 

3. How come you know that women that she is not a Parasite,did she has come to your dream or whisper in your ear that Iam not parasite but yes I only want residence,money and protection ,,,,,nothing else;)

 

4. With blunt curosity I will tell you the above paragraph's are not for this Ld. querist but offcourse for her client. Who never achieve her husband's love and nor live a peaceful life ahead unless she not choose her life free of court and compatable partner.

 

this much only..........

 

regards.


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