Legal Question in Family Law in India
I filed Domestic Violence case against my In-laws and also claimed for the maintenance for the same.
On the first date of the case, the judge said that summon did not reach the boy because the address of the boy was not complete. I am not sure how it happened but the judge has given next date 1.5 months later
Also I am living seperately since last 7 months from my husband
Q1.) Now my question is whenever the boy starts giving maintenance will he start giving it from the date I filed the case or will he start giving it from the date he appears in the court, once he gets the summon
Q2.) What if he is not available next time when the summon is sent to him and therfore does not appear on the next date also. How to handle this
4 Answers from Attorneys
your husband would start giving you maintenance since the day you filed your petition in the court claiming maintenance and appearance of your husband is immaterial. secondly, if he doesnt appear despite receiving summons, he would be proceeded ex parte....i.e. you would get the maintenance order as desired in case your lawyer satisfies the court about his income.
You may avail the services of the Protection Officer for service of notice under the DVAct. She will get the service completed on your husband. Maintenance is effective the date of your application.
(1) The starting date for maintenance is to be decided by the Court; it may be from the date of application or from the date of order as may be deemed proper by the court;
(2) If he is not available at his address next time, you may apply for "substituted service" as per provisions of Civil Procedure Code.
The court cases take time and one has to keep cool. You may need to pursue your remedy diligently in consultation with your lawyer.
1) depends on the interim/final order of the court
2) the court after giving reasonable chance can proceed ex-parte
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
