• Evading summons in domestic violence and divorce cases

my husband has deserted me & my child , he has harassed me for dowry even during my pregnancy & he even abused my child 1 yr female. when i refused to meet his dowry demands, now he has filed 
1) restitution of conjugal rights
2) custody of child & visitation

after many months now i have filed for divorce & domestic violence.
but he is constantly evading summons of both divorce & domestic violence both at his residence & work place.  He is also trying to go abroad for his job purpose. 
how long can he evade summons like this , how to make sure he gets the summons?
is it possible to prevent him from going abroad?
Is it not required for him to attend domestic violence case personally even once if he goes abroad.

how to get justice in my case. He has harassed me so much & is continuing to do so, he has filed these cases & does not appear for anything. hE has not supported us financially from my child's birth. My child is also having heart problem . please help..
Asked 2 years ago in Family Law from Hyderabad, Andhra Pradesh
Religion: Hindu
1) if you are victim of dowry harassment you should file 498A case against your husband 

2) when police call him for recording his statement you can have summons served upon him . 

3)once you file 498A case and your husband applies for anticipatory bail court can impose conditions on his going abroad . 

4) even other wise once divorce case has been filed your husband will have to attend court for recording his evidence and to cross examine you on allegations made in divorce petition . 

5)if your husband inspite of repeated attempts could not be served you can apply for substituted service by paper publication . 

6) in Dv case your husband will  have to appear in court personally or can appoint an advocate to appear on his behalf 

7) however for purpose of recording evidence his  presence would be necessary . in addition for your cross examination it would be necessary for him to appear to furnish instructions to his advocate

8) your husband is bound to maintain you and the minor child . in DV case court would grant you maintenance , right to stay in matrimonial home and other reliefs
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
1. If he keeps on evading summons the court would as a last resort order the summons to be published in a newspaper. If he does not file his appearance in the court even after the publication the court would grant you divorce.

2. You cannot prevent him from going abroad as there is no warrant of arrest pending against him. The mere pendency of divorce and domestic violence case does not operate as a bar to his foreign trips.

3. Why haven't you filed a case for dowry harassment if you were harassed in relation to dowry? Dowry harassment charges being criminal in nature, the court may prohibit him from going abroad. This is the only way to prevent him from going abroad. You should have filed dowry harassment complaint before filing for divorce for domestic violence.

4. He does not have to appear personally in the domestic violence case if he has been exempted from personal appearance by the court. The presence of his lawyer shall suffice. He shall have to appear personally only on the date of his witness deposition, which is still 7-8 months away.

5. You should contest restitution of conjugal rights and child custody cases filed by him.

6. You can also sue him for maintenance for yourself and your female child as it is his inescapable legal obligation to support his wife and children financially.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
Hi, your husband has evading the summons then you have to file an application before the court that the service of summons by way of substitute service either by way of affixer or by way of paper publication and secondly you can file a complaint under section 498/a of the IPC for harassment.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) you have to file complaint under section 498A with local police station .your staement would be recorded by the cops 

2)police wont harass you . rather your husband will have to run around courts seeking AB 

3)if your husband is earning Rs 4 lakhs a month seek hefty maintenance of around Rs 1 lakh a month 

4) you can fight litigation with his money . also you will get your streedhan from your husband possession 

5) your husband will get AB but  if found guilty of committing an offence under section 498A will have go to jail
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
I think you only want him to appear for court first.   You may seek Arrest Warrant (NBW) from court and send police to his place.  It needs some technique by your advocate to bring your husband to court,  he needs to use the weapon of NBW with him judiciously.  So contact that kind of lawyer.
Bhaskaran
Advocate, Bangalore
21 Answers
0 Consultations
Not rated
Dear Querist
My opinion on your queries are as under:

how long can he evade summons like this , how to make sure he gets the summons?
Opinion: Its depend on your efforts, file an application under Order 5 rule 20 of CPC before Family court for publication of the summon in newspapers, after publications if he is not ready to appear before the court then the court will proceed him as ex-party and pass an order in your favour.

is it possible to prevent him from going abroad?
Opinion: Without any criminal case, nobody can restrain him to go abroad.

Is it not required for him to attend domestic violence case personally even once if he goes abroad.
Opinion: His advocate may handle the case, in case of his absence.

how to get justice in my case.
Opinion: Fight the case on merit, you will get justice with the help of the Lawyer.


 if i file 498A then how many times will i have to go to police station?
Opinion: If there is any dowry demand then you may file the 498A case against him before police or court, it may be 10 times.

won't the police harass me too in the process?
Opinion: No police will not harass you but police need some evidence.

I have to care for my child & im finding it difficult to appear for so many cases.
my husband is a influential & rich person he earns 4 lacs/ month, he can easily bribe the  police & turn them against me. Im scared of all this. What do you suggest in my scenario?
Opinion: fight the pending cases, it will be better for you at present situation.

Also how is 498A different from domestic violence as he can obtain a anticipatory bail for 498 A easily?
Opinion: In domestic violence, there is no police interference but in 498A case the FIR will be registered and he may get arrested if not get any anticipatory bail.

In matrimonial case the AB may be grant easily.
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
1. If he continues to evade receiving of DV Summon, you can pray for issuiance of Warrant against him,

2. Alternatively, you can file an application u/s498A of IPC before the police and arrange to serve upon him the said Summons. If the police fails and neglects to act based on your complaint, you can file a writ petition before the High Court against police inaction to get relief,

3. If he evades receiving Summons for the divorce petition filed by you, you can pray for Court's permission for publising the saidf Summons in newspapers,

4. If he still fails to appear before the Court, pray for ex-parte hearing of your said divorce petition.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
1. If you lodge a police complaint u/s498A IPC, then your husband will run around for legal cover and try to get Anticipatory Bail,

2. Police will not harass you in this matter at all,

3. If your husband is found guilty of the charges brought against him by you, he will be convicted for committing the said crime.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
1. You have the right to file a complaint for dowry harassment.

2. Police will not harass you. At the most it will refuse to file a FIR, in which event you can directly file the criminal case in the court.

3. You may have to go to police station 2-3 times for investigation.

4. Police is a corrupt organization, so the cops may be bribed. This is why the right to initiate proceedings independently in the court has been conferred on the aggrieved individual.

5. 498A and domestic violence are two separate concepts. Obtaining anticipatory bail does not abate the criminal case.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0

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