Legal Question in Family Law in India
summons for divorce are not accepted..
I filed divorce petition in family court, india. The summons are sent to the permanent address in india of my husband who is infact working abroad. Hence the summons are not accepted and getting returned continuously. The court has asked to try correct address. As it is the correct address, I asked my laywer to send summons to my husband's abroad address. But the lawyer is not approving this, telling that it is going to be too difficult through cousulate and going to take lot of time. He says that the court will ask to put the notice/summons in newspaper in his locality and if he doesn't show up, the court will approve exparte. Is it going to work? Is there anything i can do to make it fast as 3 hearing times are already over now.?
4 Answers from Attorneys
U can send the court notice through e-mail or fax from authenticated source.
Serving summons in abroad is a difficult one.
If you his lastly resided address in India, you can rightly affix the summon on the Wall of the house for display thro court. This will be cheaper
Email too will be better, if he possess
Email is better than Publication
Coz, atleeast your husband has chances to open email, But we cannot say affirm that he will buy newspaper and read the advt
The other methods including publication in abroad will be costlier
J. Bennet Raj, M.L., Advocate
Bennet Raj Online Legal Solutions
9443770000
In your scenario ,publication would be the right way to serve your husband. And if he does'nt appear after the publication ,court would proceed exparte against him.
your lawyer may move an application before the court for sending the summons through MEA or indian consulate abroad. you may also resort to sending the summons as per Hague convention.
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