Hi 1:We married in 1996.We both are muslim but different sect.So we have to marry in court.our marriage was little bit rocky. We have two kids a boy & a girl she is minor. I found out my husband is cheating on me & has secretly affair & he had marry her (Nikka) secretly. I filled for divorce & maintenance for me & my daughter & submitted all the proof(pic of his secrets Marrage he did). 2:We have house in Mumbai in a join name. He rent out house without my Consent He says i have no right on the house its his house And right now i living with my parents with my daughter 3:I am not working,no income i have expenses to live & pay bill. Court order him to pay maintenance but he pay me twice & stop paying me. My divorce case is going on but he don't show up most of the time in court on date. Court has send notice to his residence but it come back to court “says he not living there” How court mandates him for maintenance? How i will get divorce when he don’t show up & not responding court notice?
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If husband does not attend court then you can obtain exparte decree
2)if husband has failed to pay maintenance inspite of court orders you can take out execution proceedings for attachment of his property
3) in alternative take out contempt of court proceedings against your husband
You should know your right, which are:-
1. As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance, you can file a petition under section 125 CrPc.
- Your husband is under legal obligation to provide the same to you at any cost, even he is working or not.
2. Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him.
- Hence, for claiming your residential right, medical expenses etc., and also for teaching a lesson to the family members of your husband, who subjected you torture & harassment, you can file a petition under the provisions of Domestic Violence Act.
3. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges.
- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.
- You can lodge a written complaint against your husband & his family members, in the Women cell/Mahila Police, after mentioning all the details of torture & harassment.
- The women cell firstly will try to reconcile the dispute , otherwise, they will lodge an FIR against all the person, who subjected you cruelty.
- Since , you have already filed the maintenance case against him for sending him behind the bar , then he will be bound to pay the same , otherwise you can file an execution petition before the same court if case he stops to pay the amount
- Further, before taking divorce you can settle the issue with him for the alimony and custody of child
- Further, as you have send the said notice to your matrimonial home , then refusal to receive the notice is amounts to service of summons.
- You can file an affidavit after declaring that you have send the summon of the court on the correct address and he is avoiding the same .
1. File a contempt proceeding against your husband for not abiding by the order of the Court.
2. You can publish the notice after availing leave from the Court.
3. You can also file a petition before the High Court praying for an order upon the trail court for expeditiously hearing the matter and dispose it of preferably within next 6 months.
You can follow the procedures laid down in law to get an exparte divorce if he is not turning up or he is not available in the given address.
You can file a petition under order 5 rule 20 to take steps to publish the court summons through a local newspaper after which he can be set exparte and you can get an exparte divorce.
Dear client,
Even if he does not attend and respond to court notice, the proceedings will go on ex parte so the final decree of divorce and maintenance will still be valid and binding on him based on your arguments and evidences.
Thank you
if the exparte decree is received… than can he appeal the decree ?
Dear client,
you can appeal to set aside the decree given.
Thank you
Appeal can be filed against ex parte decree
File a domestic violence case against him and his family. Also file a fir for cruelty and criminal intimidation.
Pursueyour maintenance case and take an ex parte order.
He can but there is a very slim chance that it will be entertained by the court.
He has two options I.e., to file set aside petition to set aside the exparte divorce decree in the same court or to prefer an appeal before appellate court.
There are possibilities that he will not do either of the above and may prefer to remain silent in order to avoid or ignore you totally and sever all the marital ties with you.
You will get exparte divorce in the said matter
- YES, he can file an application for setting aside the ex-parte decree within 90days on a reasonable ground , and the court is bound to give him time to pursue the case after restoring the case.
If you obtain the ex-parte decree of divorce, he can certainly appeal against the order showing adequate grounds for his not appearing before the trail Court even after receiving the Summons.