Sam Pat (Law) 22 February 2012
Wife not coming to court (498a case) even after giving 1st summons. Her parents not accepting the summons saying she doesn't stay with us and she has changed the address that she mentioned while filing the case.
1. Divorce case going on for 2 years
2. 498A filed after 1.5 years od separation i.e. 1 year after divorce case
3. Now she is not taking summons and we are going to court every 15 days
4. Can we request for arrest warrent against her as her address is not to be found?
**Victim** (job) 22 February 2012
If her parents are not accepting summons then if that was her last known address to you then that's where you should be serving summons ask for pasting the notice at her house or newspaper publication. Besides that how is it possible that she filed 498(a) after divorce ? I am sure 498(a) was filed with an intention to harass you. Question is 498(a) applicable even after divorce ?(Waiting on experts reply)
**Victim** (job) 22 February 2012
Okay i am sorry for raising above question you have already mentioned that divorce case is ongoing that means that you have not obtained divorce yet in that case 498(a) is applicable but it must be provable by your wife as well if not then it was filed with and intention to harass you. By the way i am still wondering if 498 (a) is applicable after divorce is granted ?
Sam Pat (Law) 22 February 2012
I said 'divorce case is going on for last 2 years'. 498A filed after a year after start of this case.
sending summons to address I know is acceptable when she is not available at addresses she has mentioned in her 498A petituon? -- Need legal opinion
rajiv_lodha (zz) 22 February 2012
Court will exhaust all mentioned methods to serve her summons.....................then proceed ex-parte
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