Legal Question in Family Law in India

Getting Divorce if the other party is outof India

My husband left for kenya after our seperation. Then i file the divorce case against him. But I have his P.O. box address only so cant get the acknowledgement that the service been done or not. And last 2-n-half years we are not in touch so dont know where he is now. His parents are not giving any response. We tried to send the notice thru the Embassy but could not do the personal delivery thats what the embassy replied. So got stuck here only coz cant go forward without proper service to him. Please guide me what to do next...


Asked on 1/03/01, 3:43 am

2 Answers from Attorneys

Satish Maheshwari Vakilbabu

Re: Getting Divorce if the other party is outof India

Dear Friend,

I am sorry, but as a matter of practise, we do not reply to queries from the persons, who do not give their complete details, nor to the persons not directly affected by the problem under the query. We also do not give any citations to the seekers.

Therefore we request you to send your query only through the query form at the Free legal advice pages of the vakilbabu website at http://www.vakilbabu.com quoting the reference LawGuru.com.

We believe you shall understand.

Warm regards and happy new year

Satish Maheshwari.

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Answered on 1/13/01, 4:11 pm
Prabhat Shroff Shroff & Company

Re: Getting Divorce if the other party is outof India

You may file an application for substituted service under Order 5 of the Civil Procedure Code, and request thye court, stating the circumstances, for service by publication in one or two local newspapers in the general locality where your husband allegedly resides, based on his Post Box number. Once this is effected, such service is a good service under the law.

Prabhat Shroff

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Answered on 2/07/01, 4:30 am


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