• Are we forced to provide present address in Court

I had filed a Divorce petition under Cruelty and Mental torture and and have been slapped with a false DV and Maintenance Case which is ongoing for last 4 years.

My parents and I Have been threatened with life by brother and brother-in-law of my wife.
So I was forced to move out of my parental home and stay in a rented house.
Opposition lawyer is saying he cannot submit WS to my Divorce petition as he doesn't have the present address. I fear for my life so am reluctant to reveal it. 

Can the court orders not be delivered to my permanent address ? Or do I have to must reveal my current address. 
Please Note: I attend all the court proceedings without a miss and still the opposition advocate fails to deliver the WS to me(Its a delay tactics adopted to get the interim maintenance and delay with the Divorce case).
Asked 7 years ago in Family Law
Religion: Hindu

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17 Answers

You cannot provide the false address to the court and in case this is the matters reached by the the petitioner then you have to disclose your actual address in the court to get the document sent by the court and given by the advocate

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

If your head address has no problem and you are receiving all the letters and correspondence and the same address then you can say that my address is ok and any document sent on this address will be received then there will be no Court order in this regard reveal the actual address

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear Client,

On such waste point, WS cannot be delayed. Your presence in court or through advocate is sufficient. Your permanent address shall be submit in court. Request the court to close WS and proceed to record evidence.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1) you ought to disclose your temporary address wherein you are presently residing 

 

2) if you are attending court on each date WS can be served upon you in court 

 

3) in alternative it can be served at your permanent residential address 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1) If this is situation you provide correct address. That all you know the situation of yoir case in the court so kindly request in the court to send summons on correct address.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

 

you cannot be forced to reveal your temporary address if there is threat to your life 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

if you want to change other information in your petition in addition to your address, you can file an amended petition. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

The court send summons to your address therefore you need to put correct address in the court. You need to give court address if you fear your security then in that case you can right to SP and can give an application before court for protection. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See since in court you need to disclose the address since your address is disclosed and service to that is not possible the court can ask for alternate address. Now you can receive copy before court and can endorse on copy of court then there wont be a question of address,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes your parental address is enough. Court just requires a address where the said correspondence can be done.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The present address is not being revealed by you as you fear for your life. This fact should be communicated to the court by your lawyer and your lawyer should be supplied with the copy of the ws in the court and he would sign a receiving. This is no big issue. The court must be apprised of such a situation.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Madam,

When you have submitted your permanent address then Court cannot insist on you to furnish present/current address. It is none of the business of opposite advocate to insist such address. If notices cannot be serviced on your current address, the Court may send such notices on your permanent address or release a paper advertisement and proceed against you ex-parte.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

The opposite lawyer has no business to know about your current address.

He can very well give a copy of the written statement in the court at the time of filing the same before court.

You insist your advocate to put pressure on court directing the opponent to file their written statement which is being delayed inordinately for no valid reason.

The dilatory tactics adopted by the opponent can be highlighted before court to get relief.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The address already furnished before court will be sufficient and there is no need to furnish the current address too.

It is none of their business to know about whre you live at present and what you do.

Your advocate can strongly object to such cheap tactics adopted by the opponent just only to harass you by delaying the progress of the case on such petty and silly reasons.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. you say that you are living with some other person and visit the permanent address regularly and any delivery to the said address will be received. though it is mandatory to share the present address, but you may twist the facts accordingly  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

As advise you may twist the fact as mentioned above 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. You can surely maintain the petition even with your permanent address. The objection is not sustainable. 

2. Since you are the petitioner it hardly matters whether present address has been mentioned or not. 

3. If she is not filing her WS then apply to the court to forfeit her right to file it.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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