Legal step taken when husband doesn't turn up in court for hearings
indistresslady
(Querist) 19 December 2014
This query is : Resolved
Hi Experts,
Need your advice in my case. Am a 35 year old housewife with a 1 year daughter. Since the second day of my marriage, my husband started torturing me physically, mentally for dowry. But after lots of patience I was trying to save my marriage as I loved him. He did not change his behavior even when I was pregnant and would abuse and physically torture me every time. I lost my patience and one day informed my family to take me back home when he got violent with me.
Let me point that we reside in different cities of India. Am now staying at my parents house and filed Domestic Violence Case against him. In spite of 4-5 hearings my husband did not turn up in the court. My lawyer just says that he will take some stern steps but nothing yet done.
Let me also specify that my husband calls, messages and even threatens me that he will not come for the hearings and I cant take any action against him. He has also gone to the extent of posting his matrimony profiles in websites and refuses to give any maintenance to us. My husband just says that I should go back to him, and I will gain nothing from this case?
Can anybody please advice as what legal steps should be taken.
Devajyoti Barman
(Expert) 19 December 2014
We are not in a position to determine the actual reason of delay unless you furnsih the reason. It appears the husband has not received the notice.
Please inform the reason of delay so we can advise on next course of action.
If husband appears in the case, it should not cause such delay.
Advocate M.Bhadra
(Expert) 19 December 2014
Approach to the Court for warrant of arrest for non appearance of your husband and file a maintenance case.
indistresslady
(Querist) 19 December 2014
My husband received the notices every time it was sent. I have got the receipt of the speed post sent to him.He is residing in another city.
indistresslady
(Querist) 19 December 2014
I have already filed a maintenance case against him. Lawyers says unless my husband comes there can be no progress. I have heard that after 3 hearings if opponent party doesn't appear, judgement will be on my side, is it true? Am a novice, please help. I have attended the court religiously for every hearing leaving my 1 year old at home, will I get justice?
Rajendra K Goyal
(Expert) 20 December 2014
Try to record his threats / claims and report the same to police. Prey the court to issue warrants.
You have to counter the delay tactics of your husband in legal manner.
ajay sethi
(Expert) 20 December 2014
if your husband does not attend court inspite of service press for interim reliefs in DV case . court can grant you reliefs sought by you
indistresslady
(Querist) 20 December 2014
Thank you to all for your valuable advice. @Ajay Sir : Can you clarify whats interim relief as am an not well-versed with these legal terms.
indistresslady
(Querist) 20 December 2014
I really don't know how long my case will drag for years and how will I have a bright future for my child. Am a educated and qualified woman and used to work before marriage, but these days I am not working and depend on my brother cause of my child.
My husband accused me that I filed a false case against him. I have my medical records and FIR lodged in the city where we resided. As police had arrived and seen my husband hitting me. I am self dependent woman and never demanded anything from my hubby instead I used to buy everything for him gave him expensive gifts. Even today I have soft corner for him but am in dilemma as whether he will change his behavior or not as he's very abusive and violent in nature and at times very loving. My family has advised me not to go back to him but I have somewhere in my mind to forgive for sake of my child and start afresh.
Now my question is there a way I can bind my hubby legally not to be violent in future so that he has the fear and we can have a happy life. Asking for alimony and maintenance is not my aim but to solve this issue as marriage is important for me and future of my child.
I may sound bit emotional but at the same time want to take valuable advice from the experts as what steps I should take. I had also requested for Counselling when the Protection Officer had asked me for submitting the report. Please help!
T. Kalaiselvan, Advocate
(Expert) 25 December 2014
If the application for domestic violence has not moved out of the Protection officer's office to the court, you will keep repeating such questions in this or any other legal solution forums. If there is sufficient proof that the notice was properly served on him, he is not turning back, you may ask the protection officer to move the case to court of law as per the provisions of the act, if he is not appearing before the court after receiving curt notice, further legal procedures as per the provisions may be initiated, ask your lawyer to help you out on this lines.
