Legal Question in Criminal Law in India

Intimation to the lawyer

My husband works abroad.For the last 9 months an Indian court and my lawyer have been sending summons to my husband.But he is not receiving.Now interim order has been passed in my favor. Recently my husband has appointed a lawyer in India in maintenance case under 125.My husband has also filed for divorce in a foreign country where he is working on temporary visa. I have got an Injunction order against his pending divorce petition.

My husband sent me the notice of next hearing date for pending divorce in foreign country through his lawyer who is handling his maintenance case.

will it do if i send the copy of the injunction order against his pending divorce case in USA to his lawyer who his handling his maintenance case as he his not receiving anything from us?


Asked on 5/15/09, 2:51 am

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Intimation to the lawyer

(a) the divorce filed by him abroad may have no legal value;

(b) You may send you reply denying maintainability of the petition filed by him abroad;

(c) The service of injunction order and the maintenance order may be effected upon your husband through his lawyer who has sent you a notice.

(d) You may also serve him by registered post on his address given in the plaint filed by him, received by you through his lawyer; as also through the Indian Embassy in USA.

Read more
Answered on 5/15/09, 4:59 am
Pranav Desai PD Legal & Associates

Re: Intimation to the lawyer

You should consider sending the injunction order directly to the court. Further, the application for divorce filed by him must also be answered and affirmed in India and send to the court abroad.

You can serve the summons on him throught the Indian embassy in USA or take directions from the court for serving the summons through RPAD/Airmail to him address in USA

Read more
Answered on 5/15/09, 5:30 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Intimation to the lawyer

Consult lawyers conversant with laws of the country where divorce petition has been filed.

Read more
Answered on 5/15/09, 5:41 am
M.P. SANJAY M.P. SANJAY M/s. Sanjay

Re: Intimation to the lawyer

Divorce petition filed by your husband in foreign country is not maintainable. As your marriage taken place in India. Only Indian court having jurisdiction to entertain the case. You can send injunction order to your husband or his lawyer.

M.P. SANJAY

Advocate

Ph : 9392465234

Read more
Answered on 5/15/09, 10:58 am


Related Questions & Answers

More Criminal Law questions and answers in India