Legal Question in Family Law in India
About Divorce
My Husband's present address is not known to me as he has changed his present recidence.I am presently living in my parental house scince last 5 years and having no co-habitation with my husband.My husband moved a divorce case aganist me 3 years back but withdrow the same withing 2 months of submission of the same.My marraige commenced in the year 2000 as per hindu marraige act and registred.I wined the mantaince case and he is depositing my mantaince ragurerly and the 406 and 498a are still pending in the lower court.Now I want to file a divorce case but his address is not known to me.I have no Kids. Pls help me as to how I will proceed in the divorce case in this situation.If he not atten the court in divorce case or the summon back frm his old address as the court knows his old address only as per previouse cases, then how I will get the divorce frm him or what will the proper procedure to be followd in this situtation?
3 Answers from Attorneys
Re: About Divorce
The summons can be served on last known address. Moreover try to find his new address.
Re: About Divorce
Your statement is contradictory. If the criminal case you filed u/s 406/498-A pending in court, that means you have the address; In any case, you may send him summons on that address only and also served him "dasti" when he appears before the lower court on the the next date of hearing to attend the criminal case.
Even if there was no criminal case pending, you could serve on his LAST KNOWN ADDRESS.
Re: About Divorce
you can file for divorce with his last known address and then take paper publication of court notice
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