• How to serve 125 CrPC in London


I would like to file a crpc125 case against my husband . my husband lives in london on job visa.he constantly harassed me n always blame me for torturing him. He beat me while he was in india for visa renewal n left me with my parents.till now i have no information of his where about n was hoping that he will come back to solve issues.his sister n mother are not cooperating n say that even if they know whr my husband is they wont tell me. Yesterday i came to know he is back to london. My in laws are living in india..I came to know that my hsuband moved from the place where we last resided together in london.we are hindus and got married as per HMA in india. my husband is still indian citizen. but i do not know my husband present address in london. so got doubt.he already told his friends in london as well in india not to give number or info abt him to anyone.i went to his company to meet his manager but couldnt allowed  to meet.

1) how to send crpc 125 case summons/notices to my husband who lives in london

2) I know my husband e-mail. 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

4) it is learnt that the court can serve summons through Indian embassy/Indian high commission in uk. but with out knowing my husband address , how the embassy will serve when the address is not known?

we jointly owned a flat in pune but he changed every lock of dat flat.can i open that lock with duplicate keys n start living there???

 6)want to bring my husband back to india as he is nt ready to face situation n ran without informing me.

7) My husband once told me that a husband can easily  get divorce by making false allegation of torture on wife .for dis he can use even recording of day to day fights also to prove torture. He is using the same trick.
Is it so easy in india to marry, live together for 2 yrs n leave wife for so small issues n ran to some other country so dat no one can bring him back.

I have aaproach lawyer but she is saying dat if does not come for councelling just file for divorce on mutual ground n leave him.

pls kindly advise me. so that I will proceed further. 

Asked 2 years ago in Family Law from Bhopal, Madhya Pradesh
Religion: Hindu
1) summons have to be sent at last known address of the husband 

2) if summons are returned un served then you have to apply for substituted service ie by paper publication in 2 local newspapers in London 

3) in addition you can send summons through court at his email id 

4) since you are joint owner of flat you can go and stay in said flat . 

5) you can change the said lock 

6) divorce by mutual consent is best option as it takes 6 months . contested divorce would take 5 years 
Ajay Sethi
Advocate, Mumbai
46804 Answers
2769 Consultations

5.0 on 5.0

You can send the summons in his home address in India through the nearest police station. Police will come and report back in the court about his whereabouts whatever available from the family members.
1. summons  can be send through embassy or through  international mail service /courier available in that  country with the permission of the court
2. The summons through email most courts don't agree .
3. If your husband's passport and his address you furnish the summons can be served, your advocate has to take necessary steps after moving an application in the court .

4.You need to provide the address and passport details,this you can get only rom his family, you should have filed case against his family as well to get him to court
5. you can live in the pune flat,  It is in your name too, once you start living there get a stay against him alienating the property or objecting your stay  by filing a domestic violence petition in he court.
6. You should file a 498A and domestic violence petition in the court.If you chose file for a divorce and seek alimony from him, so that the cases will force him to come and negotiate with you.
7.Nobody get divorce easily,but on merits, on grounds of cruelty, desertion or adultery. if you file divorce on any of these ground you have to prove the allegation in the court.
You have aright to maintenance according to the standard of your husband if you are not capable of maintaining you and the right for residence/accommodation.
Your lawyer is wrong if she said so, to file mutual consent divorce your husband has to agree.
Yes you can file a divorce unilaterally on cruelty ground based what he has done to you. If your husband does not turn up despite serving summons,for the hearing the court can grant you an exparti divorce/one sided .
You can also ask for the reliefs of alimony, the stridhan , marriage expenses, compensation  the transfer of  flat in your sole name etc. 
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
139 Consultations

5.0 on 5.0

1. Unless the court has mandated service through embassy it should be sent through a registered post.
2. Service of summons on email id can supplement and not substitute physical service.
3. If the service is not effected through the ordinary course the court can order service through Indian Embassy in London. You need to give the address of your husband to the embassy to have him served, Without address even the embassy will return the summons to the court. So if you do not know his address then first engage a detective agency in UK to trace him.
4. Since you are the joint owner of the flat you are free to break open the lock to reside therein.
5. In a nutshell, you can bring your husband to book only if you are able to locate his address. 
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

1.  You can send notice to his last known address only, if it is returned undelivered then you may have to take alternate steps in this regard.

2. Summons or notices can be served through email too but there is no guarantee that he will respond to that also, you cannot do anything  other than with the proof of delivery of email get an exparte order agaisnt him.

3.  You may take steps to serve the summons through substituted services. 

4.   Indian embassy will not serve the summons to him if no address is provided to them, so it is for you to locate his address.

5.  If it is a jointly owned flat, you can break open the lock and start living there, there is no legal infirmity in it. 

6. No comments

7.  Now you have to dcide about lodging criminal complaints agaisnt him for dowry demand and also domestic violence etc. 
T Kalaiselvan
Advocate, Vellore
36928 Answers
403 Consultations

5.0 on 5.0

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