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Questions by Emails


Domestic violence case Summons not issued to husband

Detailed Question

One of my close friend has filed domestic violence case not 498A.Before that she filed mutual divorce. But her husband was not ready after cooling period so proceed with DV.

Reason of taking divorce : The reason for divorcee is my friendís husband and his family demeaned money from her, mentally n physically tortured me .When her family try to speak with his husband .. he has beat her and her my mom dad. more important he is not loyal in this relationship. She also has proof for money demand n for above mentioned scenario.

Now she is trying to issue summons to her husband. also in last hearing she has given her husband company address n when summons is send to his company address ..company people are saying that her husband left the company. Protection officer got reply ďher husband left the companyĒ she has proof for that her husband is still part of company .Moreover protection office had send summons to her husbandís office email id. Till this ..all points are put in front of court .so court has asked my frnd to wait till next hearing because now court has understand that her husband doing this deliberately.

Recently she got to know that her husband is out of India. Also her husband is on company assignment in US. What to do in this scenario. Even her husbandís lawyer n family says that they donít where is her husband n this has been happening since april15.
Is there any way that we can pressurize her husband so that he will appear in court. N we know that if her husband will not appear for this date court will declare him ex party. We decided to go by paper publication way but how paper publication will help if her husband is out of India.

My question is
1. can we involve company in this as company ppl provided false statement. To put this point in front of court what proofs do we need. If yes then can we put companyís name while doing paper publication. What r profs we need. If we involve company it should not happen that we have to pay for that .
2. can we process a copy of the summons/notice to her husbandís Employer also through court with an instruction to duly serve the enclosed notice to its employee so and so as he is evading the receipt or may be on deputation abroad due to company's assignment. May be this will bring some effect but to do this what proofs do we need to put in front of court. even if doing this all if her husband will not accept summons then can we do paper publication by mentioning companies name. I would like to understand what r d pros n cons for this.
Please answer my above mentioned 2 question.I need to understand this


Replied By - Advocate Asgher Mahdi on 5th Feb 2017 ( Total Replies - 24, Total points - 196 )
Advocates Reply - Unless the address of the accused is traceable you cant serve the summon. The other alternatives is you can asked the court to goes of paper publication of the said summon and may proceed with the case. You can hire the services of the company but cannot compelled the company to provide you and the same is not an evidence. You can send the summon through company employer but cannot make him party to the case. Better go for paper publication, thereafter court will issue NBW against the accused.

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