You have to find out her address overseas 

2) if summons cannot be served at the address overseas. You have to apply for paper publication in the local newspapers abroad, where in your wife last resided 

1. Court does not expects a party to do the impossible of  furnishing location of absconding respondent. In such cases giving last known address of respondent is sufficient for service of all process of Court.
2. After process returns unserved, file an application under Order V Rule 20 (1-A) if Civil Procedure Code, 1908 seeking substitute service on respondent through publication of notice/summons on local daily newspaper at the last known address. This is the  law for service on absconding respondents.  
3. If her email address is known you can also seek service through email under Order V Rule 9 (3).
4. Any one of the above is as good as personal service.

1. opt for service of notice by other mode like publication. If wife will not appear then court will decide the matter exparte. 

1. She has to appear before court either in person or through her POA agent, file her counter or objection to the custody case filed by you.

Her parents cannot represent her without any authorisation from her.

2. Abandoning you and the children and without letting know about her whereabouts or not bothered about the children for all these six years or more itself is a very strong ground for to succeed in the GWOP case also.

You need to serve her at the last known address or on WhatsApp or through ministry 

If your wife is living overseas and avoids summons in the GWOP case:

1. 
   Summons Unserved: The court may order substituted service through newspaper publication or other means.
2. 
   Ex-Parte Proceedings: If she still doesn’t appear, the court can proceed ex-parte and decide in your favor, based on evidence of abandonment.
3. 
   Strength of Your Case: You’ve had sole custody for 6 years, proving you provide care while she has abandoned the children.
4. 
   Next Steps: File proof of failed summons and request substituted service. Provide all evidence of her neglect and your custody role.

Example: In K.G. Balakrishnan v. K.G. Priyadarshini (1998), the court awarded custody when the respondent avoided proceedings.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

In your case, since the respondent (your wife) is living overseas and the summons have been returned, there are several potential steps and legal principles to consider. Here’s a detailed answer:

1. Effect of Non-Service of Summons: If your wife refuses to accept the summons or if she is intentionally avoiding them while residing overseas, the court may proceed with alternative modes of service. According to Section 27 of the Civil Procedure Code (CPC), the court can permit substituted service, such as publishing the summons in newspapers or sending the summons to her overseas address via registered post or even email if the court deems it appropriate. If the summons are not acknowledged, the court may proceed ex parte (in the absence of the respondent) and decide the case based on the evidence presented, especially if you have submitted substantial proof that your wife abandoned the children and has been living abroad.

2. Examples for Reference in Court:

   • 
     Case Law on Jurisdiction and Service Abroad: There are precedents where Indian courts have allowed ex parte proceedings after due diligence in serving summons abroad. For example, in Laxmi vs. Krishna, the court allowed the service of summons to the respondent in the USA through publication in a leading newspaper when personal service couldn’t be effected. You may also refer to A. S. K. vs. S. R. where the Supreme Court upheld the substituted service of summons when the respondent was not traceable, residing outside India.
   • 
     Case Law on Custody & Welfare of Children: Indian courts emphasize the child's welfare in custody cases, especially when a parent has abandoned the children. In your case, the fact that the children have been with you for six years and the evidence of her abandonment and affair can be strong grounds to seek custody, even in her absence.

You can cite these precedents in your case to request an ex parte hearing and proceed with the necessary legal steps to ensure your children’s welfare is protected under the law.

It is advisable to consult with a lawyer specializing in family law to assist in applying for substituted service and ensure all your rights are properly asserted during the proceedings.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Dear Client,

In case your wife is abroad and summons are returned undelivered, the court will take due legal processfor service. As per Indian law, if the address of the respondent is not known or if they are abroad, you can make an application before the court for substituted service under Order V, Rule 20 of the Civil Procedure Code (CPC). This includes publication of the summons in a newspaper or sending them by email or other electronic means if her contact details are available. If she still does not respond, the court may proceed ex parte, deciding the case in her absence based on the evidence you present.

You may also strengthen your case bytelling her that she abandoned your children and has shown no interest in their welfare for six years. You canshow evidence such as school records, healthcare documentation, and any log of communication with thechildren proving that you wereresponsible for them all these years. You should get a family lawyer to ensure the legal procedures are followed correctly to strengthen your case in gaining the guardianship of your children.

1. You can move an Affidavit before the same Court after affirming that the summon was sent on the correct know her address in India , and it should be presumed as the service of the summon 

- If you don't have her address of overseas,  then the Court cannot direct the consulate of India to serve of the notice of the case. 

2. Further, as she had contested the earlier filed cases from Indian address, then this address can be accepted by this court for the service of the summons.