• Wife working and residence location not known

Am fighting divorce case from last four years. Wife is skipping court hearing by submitting medical certificate and she has done like this twice in last five months. Am sure she is working and giving excuses to delay the case. I would like to know, how to find her working and residence location legally and also daughter school address. She has not allowed to meet my daughter from last four years and am regularly paying monthly maintenance.
Asked 9 months ago in Family Law
Religion: Hindu

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10 Answers

1) have you made application for joint custody of you daughter ?sought interim visitation rights?

 

2)has your wife filed affidavit of assets and liabilities for claiming maintenance as per SC judgment ?  

 

3) you can make application calling upon wife to furnish those details 

 

4) engage a detective agency to find out whether she is working or not and her address 

Ajay Sethi
Advocate, Mumbai
97220 Answers
7850 Consultations

Obtain the services of private detectives to find out her employed and residential address. Also you can obtain your daughter's school address by obtaining the services of a private detective.

Shashidhar S. Sastry
Advocate, Bangalore
5424 Answers
330 Consultations

File a case for custody of the child.

Engage private detective to know her working details. 

Devajyoti Barman
Advocate, Kolkata
23277 Answers
516 Consultations

You can file visitation rights application in DV case she will be compelled to disclose her location 

Prashant Nayak
Advocate, Mumbai
32660 Answers
206 Consultations

Whether she is employed or not,  as she has not sought maintenance,  there is no necessity for you to probe into her employment details. If she is not attending court and dragging on the case unnecessarily then you can represent before court and object to her attitude and also can insist on the court to direct her to produce medical certificate if she is really not well during the days that she is not attending the court.  

Since her address is already available i the case papers, there is no necessity for you to suspect her address, in case you are filing any petition you can give a copy to her counsel in the court itself, hence you do not hve to strain to find out her address for no reason.

You can file a petition  for child custody and seek for visitation rights as an interim relief by filing a petition under guardians and wards act 

T Kalaiselvan
Advocate, Vellore
87420 Answers
2348 Consultations

Dear Client,

A licensed private investigator can help you gather information about your wife's residence, employment, and other relevant details. Ensure that the investigator complies with legal and ethical standards. You may have legal rights to access information about your child's school. Contact the school directly and inquire about visitation rights or obtaining information about your child. If you believe your wife is providing false information, you can request the court to investigate and verify the accuracy of the medical certificates or other documentation she has submitted. If you are facing difficulties in meeting your daughter you can request the court about the possibility of modifying visitation rights.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

Hello, 

 

Firstly you can file a case in the High Court requesting expeditious disposal of the Divorce case. 

Secondly, file an application in the court for visitation rights. 

thirdly, you can use some detective/ agency for finding out the background of your wife. 

 

Regards 

 

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Hello Here is what ALL you can do / You should do 

 

A. File an application before the High Court , seeking directions for the Family court for early disposal of the case. 

B. File an application under section 151 in the divorce case to seek updated address from the respondent. 

C. File a Writ of Habeas Corpus  before the High Court to priduce your doughter - she will be compelled to file a reply along with her latest address. 

D. STOP paying maintenance for few months (Do collect that amount / keep that amount ready to be paid by cheque as soon as she files appearance in court). MAKE sure 151 appliction to file address is on record before you execute this stunt. (We have done it in past and worked well for us in many cases.)

 

Best of Luck - God Bless.  

Atulay Nehra
Advocate, Noida
1311 Answers
58 Consultations

Dear Querist,

Immediately file an application before the Court where the maintenance case is pending and requested the court for direction to file detail income and expenditure affidavit as per directed by the Hon'ble Apex Court in case of "Rajnesh vs Neha" decided on 04.11.2020. All courts are bound and litigant will have to submit their respective affidavit along with all the documents of his/her income, expenditure, saving including bank statements and ITRs.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6319 Answers
302 Consultations

- If she is a working lady and her income is sufficient for her maintenance then she is not entitled to get maintenance from you , however you both are accountable for the maintenance for the daughter.

- Further, she has no right to deny the visitation right , and hence you can file an application before the same court for getting visitation right of the daughter. 

- Further, if she is not appearing before the divorce case , then you can force the court to pass an ex-parte decree of the divorce 

- Further, if the family court rejected your submission for ex-parte divorce then you can stop the maintenance for a few months , so that she can appear before the court 

- Further, both the parties are bound to file an affidavit for income & expenditure before the court 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

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