• Need divorce but husband (petitioner) does not appear in court

1. I am from Bhopal. Married Naresh in Navi Mumbai in July 2008.

2. I was forced to get separated from him in February 2009 and since then staying with mother in Navi Mumbai. I have a job since August 2008.

3. Tried by all means for a mutual consent divorce but he never agreed.

4. He physically assaulted me in public in February 2010 when he came to meet me. Since then no communication between us. I lodged FIR under section 498A but no action was taken against him at that time.

5. In October 2013 his lawyer contacted for meeting which was not successful.

6. He filed a divorce case in July 2014 at Thane district court and provided my false address. I came to know about it through his lawyer in November 2014.

7. I have been attending court on all dates since November 2014 and he remains absent except for 2-3 times.

8. He met us with family and lawyer only once in April 2015 but there was no mutual agreement. I am only asking him to return my belongings given during wedding and marriage expenses but he falsely claims that i have taken everything. He owns one bungalow and a flat but I am not asking a share in property or monthly maintenance.

9. He has given in writing in court that he does not have a job and is demanding monthly maintenance of Rs. 25000 from me. I came to know a few days ago from his cousin that Naresh is now working in US and his linkedin profile shows he is there since June 2015. He has never been jobless as per his linkedin profile.

10. How can I prove that he has gone to the US? Is linkedin profile admissible proof? What should be my next move to get a divorce along with my rightful share of marriage expenses and belongings? 

Thanks and regards,
Asked 2 years ago in Family Law from Navi Mumbai, Maharashtra
Religion: Hindu
1) you can contact a detective agency and gather evidence about his income 

2) if your husband is jobless and has  no source of income how could he buy a bunglow and flat 

3) yiu can rely upon his linked in profile to show that he is working in USA 

4) if it husband has made false statement on oath he will not be entitled to any reliefs . A person who does not come to court will clean hands is not entitled to any relief 
Ajay Sethi
Advocate, Mumbai
45474 Answers
2672 Consultations

5.0 on 5.0

1. If he does not appear in the court to prosecute his case then it is liable to be dismissed. If the court gives needless adjournments then you can move the High Court for an appropriate relief.

2. His linkedin profile's screenshot is sufficient to prima facie prove that he is employed in US. 

3. Unless you make him feel the heat in the court he wouldn't agree to divorce.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Hi, If you able to find out the passport of the your husband if you able to find out then based on the passport you can   find out whether he is staying in India or US.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

1. You also want divorce and wanted to file MCD, so you have no problem in his filing the divorce petition. If he does not appear before the Court to attend the hearing of the case filed by him, then you file a separate divorce suit claiming damage, return of streedhan etc.,

2. In your 498A complaint you should have added the charge u/s406 of IPC alleging that he did not return your streedhan. Police would have collected your Streedhan for you,

3. If police has not taken any action, file a writ petition before the High Court against the police for its inaction praying for your relief,

4. Yes, you can produce screen shot of his linked in profile which will be treated as digital evidence acceptable by the Court.
Krishna Kishore Ganguly
Advocate, Kolkata
18471 Answers
448 Consultations

5.0 on 5.0

From the linked in site you may find his followers or friends, you can approach one confident friend of him and ask for his details or about his employment etc. 
However since you have not been confronted with his demand for maintenance yet froom court, for the present you remain silent and pretend as if you are not aware of anything, allow the event to develop and then challenge his claim  for maintenance by informing court that he is employed in US that is why he is not regularly attending court and also ask him to produce the passport before court from which it can be evidently seen that how he played fraud upon court.
You have to somehow procure his employment details to strengthen your defence.
T Kalaiselvan
Advocate, Vellore
35651 Answers
386 Consultations

5.0 on 5.0

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