• Husband not receiving court notice

Respected Lawyers,

My husband has filed the divorse case against me few years back and it is pending with the lower court. We both are HINDUs. We got married in India and we lived abroad for few years after marriage. My husband is still staying abroad. But I am residing in India since last few years.

Last year, I have filed an injuction case to refrain my husband from second marriage and got temporary order issued in my favor too. But so far 4 hearings has been passed and my husband has not received the court notice yet. The notice is being issued to his india address and is coming back everytime. 

I even sent mail to his email id. And sent SMS to his and his father's mobile number. But still he has not appeared for the hearing nor received the notice.

Now, my question is how to make my husband receive the court notice? 

My lawyer is asking me to give advertisement in newspaper, but i feel it might not help as my husband is not in india.

Since i have his mobile number abroad, is it possible to request the court to call him over the phone and ask him to appear for the hearing?
Or since i know that my husband is residing in Singapore, is there a way to request the indian court to contact the singapore court/police to locate him there and issue the notice to him?
( I am sure Singapore Court or Police will easily locate him with his NRIC number and phone number. And I have those details with me.)

Will the indian court not take any actions to locate my husband to issue the notice?

I don't know if indian law has any provision to contact the persons residing in foreign countries?
otherwise, am wondering if anyone can escape from such courts and cases in india by hiding in foreign countries?

Kindly advise.
Asked 4 months ago in Family Law from Bangalore, Karnataka
Religion: Hindu

  1. The notice can be served at his father's residence. It's perfectly valid service. 
  2. Even after serving in the manner stated in 1, he doesn't appear in court, then you/your counsel should plead for an exparte decree in your favour

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1245 Answers
4 Consultations

4.4 on 5.0

You ha e to make application for substituted service  ie paper publication in 2 local newspapers in Singapore 

 

if husband does not appear inspite of service of summons court can pass exparte orders in your favour 

Ajay Sethi
Advocate, Mumbai
70894 Answers
4259 Consultations

5.0 on 5.0

Serving of Summons via Whatsapp

The court expanded the scope of electronic media by using Whatsapp to serve summons.

The first such instance happened in the State of Haryana where financial commission headed by IAS officer Ashok Khemka in the matter of property dispute allowed the serving of summons through Whatsapp to one of the respondents who had shifted to Kathmandu.

Aveek Bose
Advocate, Kolkata
1028 Answers
6 Consultations

4.7 on 5.0

Yes there is a provision wherein the Indian courts send a notice to the opposite parties through the embassy. Also a WhatsApp notice or mail is sufficient to inform him that a case is pendinga nd he is to appear. The court should proceed ex parte in this matter as the respondent has not appeared.

Regards 

Rahul Mishra
Advocate, Lucknow
5619 Answers
12 Consultations

5.0 on 5.0

1. Well, it appears that the summons of the court is coming undeserved due to not finding the addresse at the addreess.

2. Now f that is so and this is the last know address of your husband you can apply fr substituted service upon your husband by way of newspaper publication.

Once that is done the court can proceed ex parte in absence of your husband in the suit. 

Devajyoti Barman
Advocate, Kolkata
18424 Answers
261 Consultations

5.0 on 5.0

you can Serve the notice through singapore embassy and also you can Serve notice to address of his parents and / or at the address where you last reside together.  if he does not appear in the Court on the day so fixed, the appeal will be heard ex parte. 

 

Mohammed Mujeeb
Advocate, Hyderabad
13080 Answers
4 Consultations

4.5 on 5.0

You can request the court to take steps/notice through embhasy or by court notice to his abroad address 

Shiva Bharathy
Advocate, Chennai
75 Answers
1 Consultation

4.0 on 5.0

Did you inform and apprise the court that your husband stays/lives in Singapore and also supplied the Court with his Singapore address? If now, best would be to follow the advice of your lawyer to bring out a newspaper publication. If hefails to turn up despite the newspaper publication, the court will proceed against him exparte

Vibhanshu Srivastava
Advocate, New Delhi
8737 Answers
152 Consultations

5.0 on 5.0

You need to serve the summons through external affairs ministry to his residence or office address at foreign country. You can take orders for serving the same through external affairs Ministry

Prashant Nayak
Advocate, Mumbai
15890 Answers
28 Consultations

4.6 on 5.0

See you can seek for alternate .Method of service and can ask for newspaper publication.

The notice cannot be issued by calling .

The court shall not contact singapore court if you have address of your husband in Singapore the court may issue notice to husband on that address.

 

Shubham Jhajharia
Advocate, Ahmedabad
22222 Answers
88 Consultations

5.0 on 5.0

You can make complaints online in the ministry of external affairs and ask them to serve s summons of court or impound the husband's passport.


National Commission for Women this is fully of site name.

 

Ncw.nic.in

Ganesh Kadam
Advocate, Pune
8760 Answers
72 Consultations

4.9 on 5.0

Notice send through registered post on correct address even if returned unserved, presumption of due service of notice, court will pass ex parte order. .

Yogendra Singh Rajawat
Advocate, Jaipur
15896 Answers
19 Consultations

4.6 on 5.0

- It is not clear that ,how you get Injunction case Order in your favour for refraining husband for second marrage.

- Whether this was ex-pare order i.e without his personal apperance before the Court. If he alraedy appeared before the Court , then fresh notice /does not arise.

- If , you have filed any other case against him , and summons are not served , then Publication will not solve the said problem , as he is out of India.

- You should move an application before the Court , to summon him through Consulate of Singapore. Court is bond to summon him as per your application.

- Yes, summons through emails, watsup , and other online modes are accepted in India. 

- You can serve him on his relatives address/parents if living in India as well. As service of summon is amounts to information only to the oppositve party. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
1431 Answers
23 Consultations

5.0 on 5.0

Dear

You can send the notice through whatsapp and email ID and attach the screenshot of acknowledgement of delivery in court to prove that summons are duly served to your husband. 

Mohit Kapoor
Advocate, Rohtak
5922 Answers
2 Consultations

5.0 on 5.0

You cannot do anything if your husband is not receiving the notice sent by the court.

You have an alternate remedy to serve the summons through substituted service i.e., by publishing it is newspaper.

If he is not turning up for that alo then you can get an exparte orders in your favor.

There is no provision in law for Indian courts to approach Singapore courts for this or any other purpose.

 

T Kalaiselvan
Advocate, Vellore
60781 Answers
782 Consultations

5.0 on 5.0

Dear Madam,

Divorce notice should be received by your spouse if it's not received due to wrong address then collect all the proofs like the return receipt, last known address of spouse, courier receipts etc and show them in the court that you have made sufficient efforts to find your spouse. After taking proper permission from the court, you can publish divorce notice in the newspaper, post a notice in the courtroom etc. After putting all these efforts, if nothing works out then court proceed with Trial ex-parte.

Netravathi Kalaskar
Advocate, Bengaluru
4315 Answers
22 Consultations

5.0 on 5.0

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