• Divorce case enquiry

My brother was married in 2015 as per hindu law . The girl's native place is thootokudi and my brother's is chennai . As we are resident in chennai and have all address proof for chennai address . After marriage they stayed in chennai for 2 months . After that since my brother is working in Muscat ( Oman ) , both left to Muscat . There they has regular fights . Lastly she left Muscat and stayed in Chennai for 4 months separatly in a rent house in chennai . Now we are planning to file divorce case . But she has changed her address and we dont know in which address she is in chennai now . But we have proof for her thootokudi address . My question is - Can we file case in Chennai family court without knowing her present Chennai address? Or can we file in Chennai family court and send the summon to her thootokudi address? 

Please advice me accordingly

Thanks
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

1. Yes, you can file in Chennai high court mentioning her Thootokudi address.

2. The summons if served upon any of her family members in Thotokudi is valid and binding on her.

3. DO note that a civil suit can be filed mentioning the last known address of a party even if her present location is unknown to you.

4. If there is anyone of her close relations in Thootokudi then your purpose is served.

All the best.

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

1) since your brother permanent address is of chennai he can file case in chennai family court

2) you can send summons to her thootkudi address

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

Your brother can file a divorce case in Chennai itself and summons can be sent to her Thoothukudi address.

This address of her is the last known address hence there is nothing wrong in sending the summons o her last known address.

Is there somebody or her relatives living currently in the said address?

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Your brother may file the petition for dissolution of marriage in the court with her last known address if you do not know her present address in or outside India. If the summons get served to her then it is fine, else the court may order newspaper publication of summons.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Querist

File a divorce case in Chennai Family Court where they last reside in India and mention her permanent address and issue the summon to her permanent address and if in between you got the information regarding her new address then file an application before the court for her fresh address and file an amended memo of parties and again issue the summon to her present address if any.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. You should file the divorce suit before the Chennai Court against her showing her Tuticorin address as last known address.

2. The Summons/Notice of the case will be sent to her said address and if it is returned undelivered, you shall have to pray before the Judge praying for a direction to publish the notice in two local newspapers one being in vernacular.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

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