Art 242 of Family Code states that notice to be sent to an absentee husband shall be sent to the last known address.

Question: What if the last known address is the conjugal home and the mail recipient is the wife who filed the petition seeking judicial authorization to encumber a conjugal property? By all probability, wife will receive the notice and hide it to her advantage.

I guess the wife hiding the notice is less likely to happen. It is incumbent upon the wife to prove that there was a diligent search and diligent search does not cover sending of notices alone. Diligent search is still factual, depending on the prevailing circumstances.

Fraud on the part of the wife, will result badly for the wife...it will be disadvantageous to her side...