Husband changing his address

Acha.....

Did you not read the query, it states case proceeding ex parte and when  DV case proceeds ex parte PO is most often granted and then execution – service of PO happens and in between husband's service address is not on material record so where this woman via her legal representative shall service the ex parte PO?

That is the only limited question her lawyer asked the forum, not that she wants to live… etal as nowhere he states so nor I or the forum knows from the very query what PO ex parte will be announced or attempt made to service to her husband so she coming into my dreams or whispering in my ears as rebuttals from you to a blunt curiosity expressed by me does not stand waters as it is not part of the brief but blunt curiosity definitely arose by me and I asked them to you in context.

Nevertheless I heard you, read you down, and, I say women in patriarchal Asian cultures needs to be empowered and Asian marriages dissolution needs to be made really expensive.

Enjoy the (feel of) empowerment and (feel of) expensive marriage dissolutions (generic blunt way of saying IT in context of the query).


Ta ra rum pum pum..........

In this particular case, wife knows his working-address (job). So things are there that can be done 2 serve him POs

But in case, none of his address is known, ONLY HIS PROPERTY IS AT STAKE. Nothing else can be done in DV. A person who does not have immovable property or known bank accounts is PRACTICALLY OFF THE HOOK!

@tajobs Thanks for understanding my query correctly and answering. It seems sufferer has not read the query objectively.

@Rajiv_lodha Thanks. He can change his job any time, it being private . . Atleast one bank account number of the husband, the wife has.

If the locality of the changed residence is known, any way of finding out the changed address. Will the police assist? or private detective will be  of use?

Acha ji….sahi ja rahey hain aap longaa yaha……….

The next procedure after S. 82 (1) CrPC followed by S. 82 (4) CrPC is to lodge an FIR and charge sheet him and cause upon arrest of husband whose bank given address is now known as per ld. brother next reply is to proceed in accordance with procedures mentioned under S. 174 -A of IPC as per context of this brief.

“S. 174 A IPC states hereunder;

Non-appearance in response to a proclamation under section 82 of Act 2 of 1974.- Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of section 82 of the Code of Criminal Procedure, 1973 shall be punished with imprisonment for a term which may extend to three years or with fine or with both, and where a declaration has been made under sub-section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine. The offence committed under S. 174 A IPC is cognizable and non-bailable.”

Also note this punishment of 7 years mentioned under relatively new S. 174 A IPC is additional punishment and is added to main case pending before a Magistrate Court i.e. penal punishment for offences in DV Act is maximum 3 years and in context to this brief you’re  red color (careless) comment  makes it 3 + 7 years if correctly S. 174 A IPC is prayed and used by ld. brother. J

Hence PO’s were never PRACTICALLY OFF THE HOOK!

@ Queriest,

1. Knock at the door of States HC under S. 482 Cr.P.C. directing the respondent Bank to ensure FRESH KYC filing with address proof of husband in mandatory 15 days with true certified copy given to complainant wife or any of her men and agent(s) so that they can follow procedures mentioned under S. 174 A IPC via jurisdiction Police is correct natural justice procedure in devolving brief of yours.

2. Detectives etal are not correct legal remedial procedures when Law as in CrPC Amendment 2010 already lays down reformative procedures unless you as officer of the Court want to (timepass). Refer to one of my very old post on CrpC Amendments 2010.

Now, kindly allow me to excuse myself out of this brief (it is getting hot outta here) okies hear it as, I exceeded my responsible bandwiddth limit to a thread post.
[Last reply]

@Ramamani,

Yes I objectively ignored your query.

Reasoning:

1. As you are Ld. Counself of your client you must know how to make such strategie to trap that husband.

2. My above post is a Right to speech comes from The consitution of India and I expect from the ld. member's that it's not objectionable.

3. If a husband who has ran away will never follow her even 498a also launched against him.

4. A counsel who is defending her client must know the future prospect of her client after such case.Where husband is hell bent not to cohabit with her.

5. Mere filing DVA doesn't make any person to get relief until or unless the respondent doesn't trun out to make any say.If he would be a man with no liabilities,no relationship,no assets on his name and he free to think to harass her by renouncing the world then it's not a cake walk for her to relocate him.

6. I have posted the above for the concern of all those women who don't want's to be called as parasite but need money,house and protection from non other than her husband even their situation contradicts from their act's.

7.I wish that lady to rejoin his husband then she will come to know what is the real meaning of hate and dead marriage afterwards.Then she will think I have done a blunder mistake not choosing my freedom from adamant husband who don't want to live with me.

8. I wish best of luck for her counsel to go ahead and search him by all legal remedies which you can even search on google and get 1000 of remedies.

@Tajob,

Thank's for your curosity......

It was better That I would have started a fresh thread on such topic. Where real meaning of women empowerment and misuse of law should be forecasted.

A women who alleges that her husband has tortured like black and blue -----But still I want to live with him,bcz Iam abla naari

This DVA 2005 has overtaken 498A -----because this gurantee these abla naari's three things Money,Residence & Protection and then leave a life as queen size.Then who needs Husband.Bechara Husband Mare,sade ya gale koi Farak nai painda uske baad....I

Last Reply..!!

@sufferer It is not about  chasing the abusive husband to live with him or live out of his money. It is to catch the guy who made the girl's  family spend lacks of rupees in the name of marriage  (who is parasite?) without any intention to lead a married life and when questioned about his intentions disappeared.

I never objected to your views about wife filing a d.v. case against her husband  and i merely said it did not answer my query

This forum is for exchanging experience and ideas among the professionals and so I asked. 

Originally posted by : Kalaiselvan, Advocate Vellore
	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.

Sir:

Its not just the responsibility of Ld, to guide the client in legal way, but also to think about what good can a legal course of action does to the client's entire well-being.

Having said that, it becomes the responsiblity of Ld, to tell the possible outcome of such legal course.

Protection orders, ok fine, police will take the client to the said address, what if in that address, the client's husband is not living alone, but with friends, what then should the client do, what can the police do in such a case.

Agreed that money has been spent on marriage, and the marriage did not work or else why would the husband be hiding?

Marriage is about union of hearts, and it is unfortunate that the whole process is seen as a buisiness deal, where if it did not work out, then straightaway go to police station, court, file 498a, DV blah blah.

But do you think, getting protection orders will unify the husband and wife, what good will it do to the husband and wife's lives?

It will further deteriorate their relationship  by involvement of police dhamkis etc, warrant issue etc for non compliance etc of such ex-parte orders under DV.

Even if there was a hairline of a chance that the husband and wife would unite by a small talk over a cup of coffee, that chance too is destroyed.

Instead, Ld, remove our coats, approach parents of both parties, make em talk.  Approach the husband and make him to talk to wife.  Try to unify wife without taking help under DV or of police.

I hope some sane mind agrees to what I say especially ramamani.

Who asked her parents to spend lakhs of rupees on marriage? This is the most interesting part Ms.Ramani argument. If someone spends then it is their fault. Why to spill the milk and then cry?

Do you have evidence that boy's family insisted on spending for marriage?

498a or DVa is not a medicine for the treatment of Bad husband it only break's the two families.If one is having problem in marriage then talk mutualy if it doesn't work,then right path is divorce and not DVa or 498a.Mr.Ramamani and thousand's of Lawyer's are duty bound to file these cases only for the sake of their family and not for the sake of couples family.

Shame on their thought's to feed themselves they have ruined other's.

I agree with comments. If marriage doesnot work.........finish it amicably. These biased laws & police harassment looks very tempting to wife, but legal tussel leaves a lengthy battle & much more scars.

And when parents of girl spend so much on marriage all they do this to MAKE THEIR OWN STATUS HIGH IN THEIR SOCIETY. In that lieu they collect moolah via shaguns. When marriage braeks d/t any reason, they want to collect more from boy's side........kyon bhai, ladke waalon ka bhi bahut monetary loss hua hai.

Keep the greed out of matrimonial disputes, walk free from dead marriage asap.

What you guys say is that if marriage did not work even due to the fault of the husband, husband should not be questioned.  He should be allowed to do  what he pleases. If  he turns the wife out of his house, the girl should simply separate and  be quiet about it.   Strange!

Thank God, they are not judges.  They are either irritated or irritating husbands or harassed or harassing husbands, but definitely not advocates capable to give legal advice.