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Divorce case- Husband absconding

Husband abandoned me and my 8 year old daughter since 3 years. I filed maintainence and divorce case. He only attended counselling single session when i was not present. Since then matter proceeded to court and he is not attending ant hearing. I am Co borrower of home loan but im not paying emi. He has a crore worth of start up and other assets too but i am unaware of details. How much alimony can i get. How long will it take to get exparte result. I have no parents and siblings feeling helpless because its been 1 year no substantial output. Can i request judge to at least give money for my daughter’s education?

( Yavatmal, Maharashtra )

1 year ago

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Dear Client,

If your husband fails to appear before the court despite three registered posts of summons, you may need to seek permission from the court for publication in a local daily newspaper where your husband resides. If he still does not appear, the court may proceed ex-parte.

For claiming maintenance, you can adopt two simultaneous processes:

1. Under Section 125 of the Code of Criminal Procedure (CrPC).
2. Under Section 18 of the Hindu Adoptions and Maintenance Act.

The amount of maintenance depends on the earning capacity and lifestyle of both parties before litigation, varying from case to case. You can also claim interim maintenance for monthly expenses and lawyer fees until the maintenance amount is decided. Typically, it takes 2-3 months for the court to decide on maintenance.

If your husband continues to evade court appearances, the court may issue non-bailable warrants to arrest him and make him appear. If he still avoids compliance, he may be declared a proclaimed offender (PO) by the court. In maintenance cases, the court can award up to 50 percent of the salary as monthly maintenance, and in the absence of his appearance, an ex-parte maintenance order may be pronounced.

The court has the authority to attach his personal bank account or property if he fails to pay maintenance and can also issue non-bailable warrants against him. In the case of divorce with a child, the wife can demand maintenance for the child. The custody of a child below 5 years of age is usually given to the mother. As the child reaches the age of 9, their preference for custody is considered by the court under the Guardians and Wards Act 1890.

Vidhikarya

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Dear Client,
If your husband does not appear before the court after three registered posts of summons then you need to get permission from the court for publication in the local daily newspaper in circulation where your husband lives. After this, if he does not appear then the court will proceed ex-parte. there are two modes of claiming maintenance - both processes can be adopted simultaneously- i- under section 125 Cr.P.C. ii- under section 18 of the Hindu Adoptions And Maintenance Act, The MAintenance amount depends on the earning capacity and lifestyle of parties living before litigation. So it varies from case to case. You can also claim 'interim maintenance' for monthly expenses and lawyer fees till the maintenance amount is decided. Generally, it takes 2-3 months to decide maintenance by court. If your husband does not appear the court will issue non-bailable warrants to arrest him and make him appear before the court. If he still evades, he will be declared a PO, ( proclaimed offender ) by the court. In maintenance cases, a maximum upto 50 percent of salary can be awarded as monthly maintenance, and if he does not appear to contest the petition, the court can pronounce an ex-parte maintenance order in your favor. The court has the power to attach its personal bank account or property if he does not pay the maintenance and also issue NBW against him. On dissolution of marriage through a decree of divorce, if the couple has a child from their marriage, the wife can demand maintenance for the child, and the custody of a child below 5 years of age is given to the mother. As per the Guardians and Wards Act 1890, once a child achieves the age of 9 years in India, his/her preference for custody is considered by the Court on appeal seeking custody of a child by either parent.

S. K. Dutta

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