Legal Question in Family Law in India
Husband studying in USA. He fraudulently obtained divorce there. The wife never got any summons nor the divorce certificate after husband got ex-parte divorce decree. He later moved to anther state. Wife came to know about his new address and informed the same to court. However when she tried to send summons on the address through MHA, it tuned out that the address is incomplete and hence the summons were returned. Its been 3 years since husband deserted wife. What should wife do now to serve summons. Can she send summons on husband's permanent address in India. Is separation of more than 2 yrs not enough to get divorce. Husband has not communicated ever since he deserted.
1 Answer from Attorneys
Hello
First of all, if the Husband has already taken ex-parte divorce in Court in US, and if you are also looking for divorce, then you dont need to file Divorce Petition in Indian Court. You can simply accept the Decree of Divorce passed by US Court. (Decree Passed by the US Court will be binding, since you submit and accept the same) However, if there are other issues pertaining to maintenance, children, etc. then it is all different.
I believe you are already represented by you a lawyer, and he must know all legal practice how to get a summons served with alternative mode. So you can ask him to apply for service of summons by alternative mode Under Order 5 of the Procedure Code.
Should you have any other questions, then feel free to ask.
Vivek N Mapara
vnmlaws.com
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