what are the remedy available to husband from lower court in situation like following;
A is petitioner / wife
B is respondent / husband
A files S. 13 (1) (ia) (ib) with X as her address under memo of Parties
B during progress of proceedings receives a Court Order to visit A residence place under visitation rights. Upon reachign he discovers A does not actually lives there. Now, B files Contempt of Court Order application which is sub-judice.
Later on B gets the address verified by local police station SO Officer who after physical ivestigation submits a report stating A does not live at the address and A/B’s child also does not lives at that address.
After some months B sends Court Process Service to A’s already filed address. The Court Process Service returns un delivered with note from Process Server that A does not live at that address hence process service could not take place.
Later B files IA for Address verification with witness proof under sworn affidavit. At the time of hearing of his IA A’s advocate on records verbally assures Court that indeed A lives at that address hence dismiss B’s IA. Court believes the verbal assusrance and under Court’s daily order Sheet mentions that as per ld. adv. assurance that A lives at the stated address this court believes the same and thus disposes the IA.
Now what remedy B has to above? He knows he will find difficutly in future to Court Process Service and also for any legal matters where in he is supposed to send a Legal Notice during the pendancy of the lower court trial.
I am looking for title of the Application I should file and Sections / Acts to be used and rest certified copy of above avernments I have.
Please help me as I can’t afford a adv. and I am contesting my wife’s filed HMA / CrPC case for maint. from last 4 yrs. where in she has not got any maint. and doing all the tricks.
Regards
