Husband not appearing in court proceedings
I was married in dec 16. It was done through matrimonial ad. Everything was decided before marriage. In marriage my father spend a huge amount of money, around 25 lakhs , of which 14 lakh were transferred in groom's account and the remaining in clothes, jewellery, marriage functions, engagement functions, household items like Fridge, tv , ac, bed, almirah etc, and gifts to groom's family.
Everything was going good in starting, but after few months they started getting more greedy. They demanded more dowry and car, which my family didn't agreed to. Things started getting complicated thereafter, and he would not talk and come to home late. My in-laws too started mentally torturing me for dowry along with my husband.
My husband is a well settled man having around 12 lakhs package at the time of marriage which increased further after a job switch in gurgaon. He has flats too for living and one on rent. Despite being in good condition, he has greed and one day he told he is going to bangalore for office trip and then he switched off his mobiles and never returned.
We soon received a divorce notice from agra court by him. We too contacted a lawyer and filed a dowry, domestic violence and maintenance petition in our homewtown court against him and put a stay on procedings in agra from allahabad high court for case transfer application.
Since then, neither him nor my in-laws have appeared in my hometown court despite receving numereous summoms for court for mediations and maintenance.
Now following are my questions:
1. If he nevers appears in court, can ex-parte divorce be given to me? How much time will it take for ex-parte decision to be held? Am I at loss if ex-parte happens or it's to my good? how many summons court makes before giving ex-parte?
2. I want my father's money back. How will that happen? Can a court order police to recover marriage money if we have proper receipts and he is not willing to re-pay? What if he runs away along with family? Can court auction his property, his flat in noida, to return our money? Can police arrest him?
3. How is the maintenance amount decided? I am non-working and need maintenance for lawyer's fees as well as monthly expenses. How much maintenance I will be given if he earns around 13-14 lpa? Who can mandate maintenance on him? can police arrest him for same? What if he shows that he is non-working? Do we need to search for proofs about where he is working?
Asked 2 years ago in Family Law from Aligarh, Uttar Pradesh