• Regarding maintenance of wife under CrPC 125

I have filed a case against  my husband for maintenance u/s crpc 125 5months ago. But due to non appearance of my husband the case is pending in the family Court .He doesn't even respond to the petition .In the mean while 2 dates has be gone my lawer filed a interim one . Next date is after 2months from last date. What would be it's consequence?

I am his legally wedded wife since June 2015 . He has married me though his fraudulent biodata advertised in bhararatmatrimony. He along with his father and mother has tortured me both mentally n physically with heavy dowry demand for which I have gone through severe depression in 2016 . My husband and in-laws sent me back to my father's house n still  I am staying in my father's house more than 1 year as he has responding me I have lodged a F.I.R against him . Please enlighten me about my case.
Asked 2 years ago in Criminal Law from Bhubaneswar, Odisha
Religion: Hindu

In few next dates if your husband will not appear then the court will proceed to pass an ex parte order.

Also please pursue the FIR because he might turn up due to the pressure of the police. Inform me the status of FIR?

If you deem fir you may also initiate the divorce proceedings and claim alimony thereupon.

Regards

Anilesh Tewari
Advocate, New Delhi
17278 Answers
267 Consultations

5.0 on 5.0

if your husband does not appear in person or engage a lawyer for 3 consecutive dates court can grant you interim reliefs

2) court would award you maintenance after considering his net income , your income , standard of living etc

3) if your husband fails to pay maintenance inspite of court orders you can seek attachment of his bank account or his immovable property

Ajay Sethi
Advocate, Mumbai
69139 Answers
4158 Consultations

5.0 on 5.0

If the husband in spite of notice fails to respond the court can proceed to pass order, more so when interim petition is pending.

If you think marriage is broken beyond repair then you can file case under section 498A ipv. If police doesn't registe fir then file petition under section 156(3) crpc.

File case under PWDV act where maintenance order is passed speedily.

Devajyoti Barman
Advocate, Kolkata
18135 Answers
260 Consultations

5.0 on 5.0

First of all you need to file a separate case of domestic violence u/s 12 against your husband and your in-laws. Secondly if Your husband is not appearing in court then file an application u/s 482 in highcourt for expedition of matter pending in lower court.

Rajesh Kumar
Advocate, Ludhiana
119 Answers

4.0 on 5.0

Dear reader, need not worry your husband is now acused of contempt of court so mentiin it in court and than court will definitly order to get him in any way or arrest may b done and fir dowry u hav to file a suit against him in that case coz in mIntenance suit it wont be come for trial. So a consecutive pleading must be filed by you.

Charu Agrawal
Advocate, Ghaziabad
7 Answers
2 Consultations

4.0 on 5.0

Hi , if he do not appear in the Maintainance case the court will pass ex- parte in your favour .. The court can issue non- bailable warrants to make his presence before court , if he is trying to evade the proceedings

Hemant Chaudhary
Advocate, Gurgaon
4310 Answers
31 Consultations

4.9 on 5.0

1. If he does not appears this time as well, ask the court to proceed ex-parte and decide the matter.

2. File a complaint under the Domestic Violence Act and report all the atrocities that have been meted out to you till date. According to section 17 every woman in a domestic relationship shall have the right to reside in the shared household. Seek an interim order to this effect.

3. Also, lodge a FIR against your husband and in-laws under section 498a IPC and 3/4 Dowry Prohibition Act.

4. To lodge the FIR approach the CAW(crime against women) Cell in your city.

5. Also, file a petition for restitution of conjugal rights under section 9 of the Hindu Marriage Act because your husband has deserted and abandoned you without any just and proper cause.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

Madam, please file a case under section 498 A against your husband since he has tortured you for dowry.

Moreover a case under CrPC is a criminal one and if your husband does not appear personally or through an advocate then the Magistrate may issue non bailable warrant against him. Moreover you can also get an exparte interim maintenance from your husband.

You can also file a case for return of the streedhan from your husband.

Hope my reply helps you.

Johnu Kanta Bhuyan
Advocate, Guwahati
192 Answers
3 Consultations

5.0 on 5.0

Since you have just filed this case, you may have to wait for the proper procedure to be followed in this regard if your husband has not appeared despite summons served on him

You may wait until the next date of hearing and confirm the business that took place on that day after which you can plan to initiate further steps in this connection.

T Kalaiselvan
Advocate, Vellore
58991 Answers
749 Consultations

5.0 on 5.0

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