• Husband absconding and Mother in law not attending any hearing

My husband has fled the country after receiving the summons for DVC case.There is 498a FIR against him.His mother is not attending any hearing inspite of the judge asking them appear.They have produced a medical certificate through their lawyer and POA for my husband.What shall I do to bring my husband back to India?Can I ask for arrest warrant against my Mother in law?
Asked 4 years ago in Family Law
Religion: Hindu

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15 Answers

If your mother in law does not attend court inspite of court orders bailable warrant can be issued against MIL 

 

2) if husband does not attend court and has absconded LOC canbe issued against him 

 

4) apply to RPO for impounding of husband passport 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

See if mother is not appearing before the court then court can issue a warrant against her, also as far as husband is there if he fails to remain present before the court court can issue , warrant and lookout circular also can declare him absconder and attach his property.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Madam,

1. Move application for impounding of his passport. The governing rules
are as below:
 Section 10 of the Passport Act 1967 governs impounding and
revocation of passport. An application can be made to the
concerned Passport Authority for such impounding or revocation in
form of simple request as no prescribed proforma is given under
the Act.
 Relevant part of subsection(3) states that the passport may be
revoked if; the holder of the passport or travel document has, at
any time after the issue of the passport or travel document, been
convicted by a court in India for any offence involving moral
turpitude and sentenced in respect thereof to imprisonment for not
less than two years;
 Subsection(3) (e) states that, if proceedings in respect of an
offence alleged to have been committed by the holder of the
passport or travel document are pending before a criminal court in
India.
 Subsection(3) (h) states that “if it is brought to the notice of the
passport authority that a warrant or summons for the appearance,
or a warrant for the arrest, of the holder of the passport or travel
document has been issued by a court under any law for the time
being in force or if an order prohibiting the departure from India of
the holder of the passport or other travel document has been
made by any such court and the passport authority is satisfied that
a warrant or summons has been so issued or an order has been
so made”.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

If MIL is not appearing in DV case, court will pass ex parte order, why you bother and than file execution application to enforce the order. Arrest warrant will issue against both. 

Charge sheet filed in FIR ? If not than wait, police will submit report in court than he have to appear in court otherwise his passport will impound.

Inform the regional Passport office abut FIR against him. they will issue him notice why his passport should not impound.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Hi

Yes you can request for arrest warrant of your mother in law through your lawyer. 

File an application in court to order the presence of your husband. 

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

If court wants his presence in the case it will make it compulsory. If poa is filed it's clear that husband received the summons. Trial can be proceeded without his presence and through his lawyer. You can seek mainen under DV and divorce case as well as 125 crpc against him

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Hello, 

Yes you can ask the court to issue arrest warrant. 

Also, the POA can not be accepted in criminal cases and hence you may oppose the same. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

The court will issue warrant if essential.

It is enough if he appears through his  representative.

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

file application in the court to issue warrant Against your husband and in laws for not attending court.

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

It is not possible to get arrest warrant against your mother in law for not appearing befor court, her advocate is taking care of the case hence the court may not insist on her appearance .

There is no provision in law for arresting her in DV case during the trial proceedings.

It will not be possible for to you even extradite your husband in the foreign country.

 

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

Ans: 

Has the Magistrate taken the POA for your husband on record. Generally the party has to represent himself / herself in the case as it involves Evidence etc.

You may make an application for issuance of warrant against your mother in law.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

1. You should ask court to issue non bailable warrants of fine for not attending the court hearing and lingering the process of case. 

2. You should approach National women commission to take action against absconding husband they will definitely help you in this matter.

3. As court to issue proclamation notice against husband as he absconded from India to avoid actions against him. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You may  instruct your lawyer to press the court for issuance of an arrest warrant against your mother-in-law, pleading that she is willfully  avoiding appearance in court on the false pretext of illness.

Swaminathan Neelakantan
Advocate, Coimbatore
2797 Answers
20 Consultations

4.9 on 5.0

1. If he is a citizen of India then immediately address a representation to Regional Passport Office to impound/revoke his passport as he is dishonouring the process of law in India.

2. In criminal case the accused cannot execute a POA in favour of someone else to appear on his behalf. Contest it.

3. Seek issuance of a warrant against him.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You should proceed with the case. The judge would issue a non bailable warrant against him after your request.

 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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