HUSBAND MISSING SINCE LAST 2 MONTHS
Querist :
Anonymous
(Querist) 07 March 2011
This query is : Resolved
Dear Experts
Thanks for advice but my husband has not even spoken to me in last 2 months even via phone,my inlaws have conveyed there intentions in family meeting that they want seperation only and husband has filed complaint against me with SHO,cc ACP,DCP stating that i have tried committing suicide many times and may register false and frivilous cases against him and his parents ,now should i sit silent in case i dnt want to fight cases in court or it is necessary to take some action to safegaurd myself.Will this complaint which he has filed have any negative impact on me???
and also suggest is it necessary for me to appear in court where he has filed divorce,is divorce granted on petition of 1 party even other party doesnt attend court.Moreover,if i dont attend court where he has filed the divorce case ,what will court decide...will there be some warrant issued for me or will case be decided ex parte,what can be granted in exparte ???Is it divorce or can he claim something from me
Raj Kumar Makkad
(Expert) 07 March 2011
If you do not appear in the court where divorce petition filed by your husband is pending then it can be decided ex-parte and he shall get divorce but nothing can be passed against you except divorce. So far as complaint is concerned, you should appear before police officials along-with some other persons and should satisfy them that the allegations are totally false and concocted and that proceeding under section 182 Cr, PC be initiated against your husband for abusing falsely. You may also initiate DV case as you are being physically and mentally tortured.
Querist :
Anonymous
(Querist) 07 March 2011
Thanks Raj Sir
I shall be highly grateful if you can also let me know what can court do at maximum if i dont attend to summon...will arrest warrant or some police man will come to my house or nothing like that
Guest
(Expert) 08 March 2011
I also agree with Shri Raj Kumar Makkad. However, when appearing before police, must keep you calm, not agitated over anything.
However, about your subsequent query, in view of your earlier description, there seems nothing which could result in to any warrant against you if you don't appear before the court of law in divorce case supposed to have been filed by your husband.
