husband absconding

Querist : Anonymous (Querist) 13 January 2011 This query is : Resolved
My daughter's husband is absconding for last five years.Can she file a case under sec.82 and 85,1973 CRPC.If so,in which court she should file the said case?

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Devajyoti Barman (Expert) 13 January 2011
Yes but only if any criminal case is pending against him.

s.subramanian (Expert) 14 January 2011
The provisions under Sections 82 and 85 of Cr.P.C. cannot be invoked unless there is pendency of a criminal case against the person absconding and a warrant for his production has been issued by the criminal court. You cannot invoke it straight away.

Kirti Kar Tripathi (Expert) 14 January 2011
agree with experts.

Amit Minocha (Expert) 14 January 2011
only if any criminal case is going against him, then you can file for so provided he had already been summoned to appear by the Court earlier.