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Priyanka   28 August 2016

Please help me : matrimonial case - alimony

Husband is not appearing for hearing. Avoiding court by praying for time, his lawyers illness etc etc. I want to the legal procedure so that husband appears for hearing. Please help me.


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 6 Replies

KS Johal   28 August 2016

What type of case is this?

KS Johal   28 August 2016

What type of case is this?

Sidharth   28 August 2016

Originally posted by : Priyanka
Husband is not appearing for hearing. Avoiding court by praying for time, his lawyers illness etc etc.
I want to the legal procedure so that husband appears for hearing.

Please help me.

File an application to declare your husband EXPARTY. Court can grant alimony after that without presence of your husband

Priyanka   28 August 2016

Its a maintenance case.

Agastya   28 August 2016

You can try what user Sidharth suggested. Contact government women's protection department in your local city or nearest town. Give all these details. Sometimes they may help. As per Indian penal code section 172 - Absconding to avoid service of summons or other proceeding is a crime. So you may take that court order which asks you both to appear to the police station having jurisdiction of ex husband address and register a complaint. It must be an FIR meaning they will have to write using their person (writer) in their police register. Sometimes they will fool you by simply acknowledging a photo copy your complaint letter. That is of little use. There is also section 173 and 174 which apply to this case. Please ask your existing lawyer to take appropriate action. He must make an affidavit and help you make another FIR. Next if your local area MLA is a friendly and decent person you may send a copy of of the complaint to Mla and same to your state minister of human resources. If you are not sure of Mla then send to state minister only.

Agastya   28 August 2016

If police refuse to make FIR post that affidavit and complaint letter to the senior most police officer in your capital city. Try to find senior lady police officer. That may help. Else main guy. FIR means they are duty bound to investigate and submit weekly status reports to city magistrate. That's why their common reluctance. Also I don't know your case. So I hope yours is a genuine case. If it is the case where you already have enough money of your own and this is for vicarious purposes, then any or all the above steps will very backfire badly.

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