Legal Question in Family Law in India
Hi,
I would like to file a domestic violence case against my husband and his parents for their harassement. my husband lives in australia on job visa.my husband harassed me in australia. his parents harassed me when I was with them before going to australia.so I came to india and living with my parents. I do not have valid visa to go to australia.my husband is still working in australia and his parents are living in hyderabad..I came to know that my hsuband moved from the place where we last resided together . but my husband parents are still living in the same address in hyderbad.we are hindus and got married as per HMA in india. my husband is still indian citizen. . I am sure that the court/myself can serve summons to my husband parents in hyderabad. but i do not know my husband present address in australia. so got doubt.
1) how to send domestic violence case summons/notices to my husband who lives in australia( we do not know his present address)?
2) I know my husband e-mail ids . few montha ago I got mails from him. can we serve the summons to his e-mail id? what happens if he did not respond to summons served through e-mail?
3) what happens if the court/myself are unable to serve summons to my husband? what does the court do if we are unable to serve summons to my husband
3) it is learnt that the court can serve summons through Indian embassy/Indian high commission in australia. but with out knowing my husband address , how the embassy will serve when the address is not known?
I have approached lawyers .but they are saying that with out knowing my husband address, i can not file domestic violence case against my husband.
pls kindly advise me. so that I will proceed further. thanks in advance.
3 Answers from Attorneys
How can you file domestic violence case when even your husband's address is not known? How he could have inflicted violence on you?
So better to find your husband's address and then proceed under Family Court.
For help you can contact me:
Mr. S.Seshadri
Advocate,
website: www.lawconcern.com
emails: [email protected]
India Chennai Phones: 98403 20808 /28515229
the summons to parents would be served through ordinary process at hyderabad and the summons to husband in australia would be routed through ministry of external affairs and deptt. of indian overseas. you may ask your lalwyer to press for routing through ministries.
I agree. Besides, you may apply to the court for "substituted service". You only need to provide the "Last Known Address" when he committed the offence of "domestic violence" and not the current address.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
