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Suchitra. S (Advocate)     18 July 2009



I want to knwo whether inidan courts are competatn to bring the husband back from UK while wife hs filed a case against him under D.V.Act,2005


 16 Replies

Adv. Deepak (Advocate)     18 July 2009

Dear Suchitra,  Indian courts are definitely competent to bring the husband from any part of the world to answer the case filed by wife under DV Act, 2005.  However, no court can make compulsion on husband to restitute conjugal rights with wife.

Suchitra. S (Advocate)     19 July 2009

Thanks,sir. The wife doesnt want to live with her husband anymore. 

She has filed  a case in India, as both of them are Indian citizens and domicile of India. 

My query was that , wether courts cn ask husband to make himself present before the court and what if he doesnt come?

Can the courts issue ex parte orders?

aruntrivedi (lawyer)     24 July 2009

whenever party do not appear before Hon'ble Court after due summons are issued exparte orders can be passed in any case

Dharmesh Manjeshwar (Advocate/Lawyer)     24 July 2009

Section 23 of D.V. Act

Power to grant interim and ex parte orders.

(1) In any proceeding before him under this Act, the Magistrate may pass such interim order as he deems just and proper.

(2) If the Magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent.

so if he doesn't come after due service of summons, it doesn't matter ...... you will be entitled to the reliefs claimed ex-parte ...


Suchitra. S (Advocate)     26 July 2009

 Sir, in case exparte orders are passed, then, how can that wife get the maintenace amount if husband stays in UK ? She has to get satisfied only with the orders, dats it...

Adv. Deepak (Advocate)     26 July 2009

Dear Suchitra, Mr. Dharmesh has said it very correctly.  If the husband stays in UK, the wife can enforce the order in UK also.  She can get the address of his residence as well as his employer in UK.

ad. creaminall (professional Advocate)     27 July 2009

yes suchitra i agree with dharmesh.

san (social service)     13 August 2009

seems the  sole objective of the wife is to  harass the  husband. There are recent HC and SC judgements, whichc can prevent the wife from her malafide intentions. She doesnt wants to stay with her husband, then court won't entertain her.

1 Like

Suchitra. S (Advocate)     14 August 2009

 San Sir, This is a pure case of domestic violence which has been filed from our office...we know she was been subjected to harrassments and we have substantial evidence,too...

As a student , i did not knw what powers courts have get a person who is outside Inida...I know extradition treaties will help in criminal cases. But i do not know about family cases.

In this case, husband was not ready to register thier marriage which was solemnised in Inida, in order to make her impossible to get any help from UK police or NGOs who could help her only with a marriage certificate... 

It is very sad to see her plight..she has left her job as an engineer and has come back to Inida to save her life..

Adv. Deepak (Advocate)     19 August 2009

Dear Suchitra, In Domestic Violence Act, it is not necessary that the marriage should be registered.  The necessary and sufficient condition for a case to stand prima facie, is that there should be a domestic relationship between a man and a woman.  Even if they are living together the case will stand.  The act itself has such provision.  So I think that there should be no hurdle for her to get the help from UK Police or NGOs.

jmale (sdsd)     27 February 2010

why cant she find some employment ? am sure she has assets other than DV act ..

Ofcourse .. get back dowry if anything was given and yeah .. keep the gifts from the husband .. using DV ..

if things continue in this fashion .. soon after prostitution is made legal in india .. all 'these' women would be just working as prositutes .. am waiting for the day .. when a husband can say in his counter " this lady has assets with which she can earn through legal ways ie prostitution .. so maintainence is not req"  if you see .. instead of runing to courts to get petty amount as maintenance (like lakhs) by filing false complaints, a unscru'plus woman can easily earn crores within short time by way of prostituion ..

this is one of the main reasons why india should legalise prostitution. Also there is some discussion to consider marraige as a contract. Hope that comes through too ..

But poor you and your law firm and feminist organizations (who are themselves divorcees, prostitutes and pimps) .. will be without work... ohh wait .. even you people can take up the legal profession mentioned above to feed yourselves... so start lobbying for that with your firm..

Why iam so angry : Not because iam also a victim of false cases

Because : Women have been tortured for so long. Atlast there are some laws (though it was created to harass the inlaws of Renuka chowdray's daughter, a divorcee), it is being misused in large scale that the real victim does not get any justice and is also branded as a b*tch abusing law. 

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     28 February 2010

yes fully competative. even it requires the court can alert interpole through proper channel.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     28 February 2010

advocate deepak, if the husband flies to SOMALIA can a indian court catch him?

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     28 February 2010

yes court can issue ex party order, against such cases

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