Hello Sir/Madam, one of my friend's husband filed a divorce case on cruelty basis and adultery in the month of August 2017. In the month of September 2017 both of them appeared before the court appointed counselor and agreed on many terms mutually. a) Pay monthly expenses of their 8 year old kid who resides with my friend. b) Take permission from court in case he travels out of country on business for more than 15 days c) Meet once in a month at the care center in the court premises and many more. However, my friend's husband took written permission from the judge for travelling out of the country for more than 15 days and travelled in early November 2017. He took an employment in a foreign country and never appeared again before the court. My friend attended every hearing in the court. However, my friend's husband neither appeared nor his senior counsel appeared for the hearings. He paid for the first two months for their son's expense as agreed but then refused to pay inspite of repeated orders from the judge. Now we understand that the case has been disposed and the webpage on the case status says "Case disposed. Nature of disposal: Uncontested - Judgement" What does it mean and will my friend and her son get justice? What should be next course of action as he questioned her integrity and character?
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The case was filed in the Family court of Maharashtra and both are Indians following Hinduism married under Hindu marriage act. The lady is in her mid 30s and the man in his early 40s. The son born out of their wedlock is 8 yrs old. The case was filed under Hindu marriage act section 13b. What remedies does my friend has? Can she file a criminal defamation suit against her husband as he filed a petition against her character and never contested by running away from the country? Can she approach the National Commission of Women to get him deported from his current country of residence and face criminal suit? Please advice.
It is necessary to peruse orders passed by family court to advice
2) if husband has filed divorce petition and has failed to attend court then divorce petition filed by husband woukd be dismissed
3) if petition had been converted into divorce by mutual consent then petition would be dismissed if husband failed to appear in court
You can file criminal complaint of defamation against husband if he has maligned your reputation
2) you can also file DV case seek maintenance from husband, alternative accommodation, custody of son
Hi,
Ask you friend to go with below points:
1) She can make a complaint in National Commission of Women Cell.
2) Defamation case won't help for current situation.
3) Try to file case for Divorce or maintenance or lumpsum amount and whatever you think fit as per your future requirements. Under section 125 CrPC for maintenance.
File a maintenace application under Crpc 125 for wife and children the court shall summon the husband through embassy and foreign ministry.
Also a copy of order need to be perused that in what nature the order is passed a contested order of divorce decree or the interim order or the matter is mutually settled by court.
Also seek help from women commission they will address issue fast and the order shall be immediately passed also your friend will be further guided by them.
If the order states mutually agreed terms than a contempt petition can be filed.
Hi, it is advisable that she files a maintanace application under 125 Crpc ..if he do not appear before the court to give Monthly maintenance the court can issue non-bailabe warrant of arrest to compel his appearance
Dear Client,
Show case orders/documents.
Yes your friend can file a criminal case against him for defamation. Also since the divorce till date has not been granted she can exercise all her rights
She can file a case of maintenance and harassment on the husband. Additionally she can also claim the household rights from the husband.
Regards
1. When it was last heard without the Advocate of your friend's husband who had filed the said case, your friend's Advocate should have filed a petition for sending notice to the husband for complying with the mutual agreement failing which warrant should have been issued against him. What your friend's Advocate stated to the Court about non compliance of the agreement?
2. Ask your friend to file a contempt of court petition since he has caused contempt of the Court order to comply with the terms agreed before the Counselor.
3. She can also to file maintenance application u/s125 of Cr.P.C. claiming the said maintenance which was already agreed by him.
1. Apart from the cases as suggested to be filed in my earlier post, she can also file the defamation case against her husband and lodge a police complaint u/s211 of IPC for his filing the case to cause damage to her.
2. Engage a local lawyer having expertise in this field.
1. It is not clear whether the mutual divorce has been granted or not and if yes then what are its terms.
2. If the mutual divorce has been done and its terms are not complied with then you can file execution of the terms of mutual divorce.
3. If the child is taken out of the country without any order of court or misleading the court then habeas corpus petition in the high court can be filed.
4. Defamation suit is solution of this situation.
Hello,
The case has been disposed of ex parte , you should file an appeal for setting aside the order passed by the learned court .
Here it seems the case of divorce by mutual consent has been disposed of by the court .
You can file an appeal for setting aside the same .
Please go through the section given below:
Section 28 of the Hindu Marriage Act : “All decrees made by the court in any proceeding under this Act shall, subject to the provisions of sub-section (3), be appealable as decrees of the court made in the exercise of its original civil jurisdiction, and every such appeal shall lie to the court to which appeals ordinarily lie from the decision of the court given in the exercise of its original civil jurisdiction.”
Since the decree of divorce on the basis of mutual consent is passed under the above Act under the provisions of Section 13B, therefore a decree of mutual consent divorce is appealable.
Yes she can approach the NCW but it is the court whose order will help her to get him deported .
Hope this helps.
Regards.
Your friend has got an exparte decision in her favor.
This is because her husband did not turn up before court and there was no representation for him hence the decision.
She can execute the decree by filling an execution petition.
She can file a private criminal complaint for defamation on the basis of his false allegations
The women commission is not effective even for local disputes.
They cannot seek to deport him from there to India.
You can issue distress warrants against him and recover he money from him.
