• Husband not appearing in court proceedings

Hi
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
Religion: Hindu

Court will summon him 4-5 times before proceeding ex parte, if you will pursue the case well then the ex parte proceedings take approximately a year and a half. If you will get ex parte then there happens to be no harm. Make sure that notices are served upon him properly.

You will have to file an application for claiming stridhan, the same will be granted by court in divorce decree. If he fails to abide by the order then you will have to file an execution application wherein the court may attach his property.

You will have to submit some prove that he is working, approximately you get 25% of his salary as maintainance. The present cant enforce the order, you will have to file execution application wherein the role of police will come into picture.

Regards

Anilesh Tewari
Advocate, New Delhi
17270 Answers
267 Consultations

5.0 on 5.0

1) if your husband does not appear in court for 3 consecutives dates after service of summons court can grant you ex parte divorce decree in your favour after considering evidence on record

2) it should not take more than 1 year

3) court can award you Rs 40000 per month as maintenance

4)court can also award you litigation costs

5) if husband fails to pay maintenance court can attach his property or his bank account to recover your maintenance

6) as far as money transferred in his account of Rs 14 lakhs is concerned you have in your dowry harassment case must have mentioned that transfer was done on account of husband demand for dowry . Husband would be convicted after trial and sentenced to imprisonment if you are able to prove allegations made in your complaint

7) if you have sought recovery of said amount in divorce case court can pass orders to direct husband to pay you said amount

Ajay Sethi
Advocate, Mumbai
69049 Answers
4153 Consultations

5.0 on 5.0

1. If after receipt of notice he doesn't appear then immediately case can be fixed for ex parte hearing. It takes around six months time.

2.File a case under section 406 Ipc to get back dowry money and stridhan articles.

3. Maintenance varies around 1/3-1/4 of income of husband. On non payment of maintenance money court can issue arrest warrant in execution case.

Devajyoti Barman
Advocate, Kolkata
18124 Answers
260 Consultations

5.0 on 5.0

If your husband is not appearing in court along with family then file application u/s 482 crpc in highcourt for expedition of matter pending in lower court. And secondly put an separate application in the court for detention of passport of your husband and his family. Family court can mandate.

Rajesh Kumar
Advocate, Ludhiana
119 Answers

4.0 on 5.0

Dear reader, first of all u can request to the cort for ex parte divorce immediately if 3 times summons hav been ordered and especially mention it as contempt of court in that case u can get your marriage money back as per courts direction. Ok dont worry go ahead and mention each n everything in court than u defntly got justice. For further consultTio u can contact me.

Charu Agrawal
Advocate, Ghaziabad
7 Answers
2 Consultations

4.0 on 5.0

Hello mam, in the criminal cases that you have field against him, if he do not appear the court will issue non- bailable warrants to arrest him and make him appear before court .. If he still evades , he will be declared as PO , ( proclaimed offender ) by court .. In maintanace case, maximum upto 50 percent of salary can be awarded as monthly maintanace , and if he do not appear to contest the petition , the court can pronounce ex- parte miaintanance order in your favour.. The court has a power to attach its personal bank account or property if he do not pay the maintanace and also issue NBW against him

Hemant Chaudhary
Advocate, Gurgaon
4310 Answers
31 Consultations

4.9 on 5.0

!. yes, if he does not appears at all, request the court to proceed ex-parte.

2. The time which will be taken by the court to pronounce an ex-parte decree depends on the court. Should not take more than 6-8 months.

3. There's no fixed number of summons. Depends on the court.,

4. To recover the entire amount that your father spent on this marriage, file an application under section 27 of the Hindu Marriage Act.

5. Yes, once the Court passes an order in your favor in the section 27 application, you may apply for its execution.

6. You deserve a monthly maintenance of about 40K per month apparox. The final figure will be diced by the curt after taking into consideration the income, assets and social status of your husband.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

Answer no.

1 - If your husband do not appears before the court after three registered post of summons then you need to take permission of court for publication in local daily newspaper in circulation where your husband lives. After this if he do not appears then court will proceed ex-parte.

2 - Your can file Transfer Application of Divorce petition from Agra to Aligarh from Allahabad High Court and then contest that also on the ground of 'desertion' and demand all money expended in marriage. If he does not appears then his property can be attached for fulfillment of decree awarded.

3 - there are two modes of claiming maintenance - both process can be adopted simultaneously-

i- under section 125 Cr.P.C.

ii- under section 18 of Hindu Adoptions And Maintenance Act

check your maintenance petition under which provision it has been filed.

MAintenance amount depends on earning capacity and lifestyle of parties living before litigation. So it varies case to case. You can also claim 'interim maintenance' for monthly expenses and lawyer fees till maintenance amount is decided. Generally it takes 2-3 months to decide maintenance by court.

Mayank Srivastava
Advocate, Allahabad
61 Answers
14 Consultations

5.0 on 5.0

1. If the respondent abstains from appearing before court even after the summons were served on him properly then he may be set exparte and after exparte evidence an order or judgment wold would be passed on exparte basis.

The favorable situation would depend on the releif you are looking for.

2. Court will not pass any action for recovery of marriage expenses.

You may have to file a separate money recovery suit based on the evidences and merits in your side.

3. Upon satisfactory proof before court about his income and other earnings you may get at least 1/4th of his proven income.

If he is not obeying the court order then yo may file an execution petition or a collection petition and may seek to get it deducted from his salary by making his employer as garnishee

T Kalaiselvan
Advocate, Vellore
58895 Answers
746 Consultations

5.0 on 5.0

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