Legal Question in Family Law in India

i hv been married from the last 3.5 yrs, hv a 2.5 yrs old daughter. my husband hv deserted us since 2yrs.and we are forced to live at my parents house.i hv filed case u/s 9&24;also sec 125 and an injunction suit to live in my matrimonial home. but my in laws are doing their best to deprive us of our rights by disowning him & denying any relation with him. my husband is totally under the influence of his parents.he never came to the court.now the court has ordered to pay us maintainance of 10k per month u/s24 meanwhile i filed a complaint in CAW cell against my in laws but my husband runs out of the country after getting the first summon to appear ,leaving his job & living with his brother some where in UK.

he was also avoiding sec 125 summon & fixation orders are issued.my in laws theatened me that he will marry someone in UK & will get setteled their & will never return back.

1.can my husband despite of maintainance order be able to save himself from giving maintainance? his lawers are taking time from the court. how many times can they do so?

2. wht if warrents are issued u/s125? can we show orders copy in sec 125 and carry on the proceeding of arrest & all that?

3. is there any way to call my husband back to india legally?

4.is it mandatory to a husband to appear in 498a complaint ,he ran out of india after getting the summon. will he be liable to appear or he may fight the case through his lawers only sitting out of the country?

pls help


Asked on 7/25/09, 9:12 am

1 Answer from Attorneys

Nandita Haldipur Haldipur Associates

generally not much time is granted in 125 proceedings if maintaince is ordered then you can seek for execution of the order. there will be a warrant issued to him if has recieved summons and not appreared

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Answered on 7/25/09, 9:17 am


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