Legal Question in Family Law in India

If you feel your husband is avoiding service deliberately then you can file an application u/o5r20 cpc for substituted method of service through publication and if your husband has been served and not appearing before the court then in that situation you can request the court to proceed exparte against him.

the opinion mentioned above is wrong. a civil remedy is being suggested in a criminal case. such an application is not maintainable in a criminal case of domestic violence. you may file an affidavit u/s 23(2) of the DV Act for passing ex parte orders.

i agree with Adv Gupta.

Has the notice been served upon your husband? If yes and even after the notice is served he does not come, the Court can proceed exparte against him. At the time of filing of your case, did you file FORM I, II, III as provided in the DV act?? If yes, then the Court is empowered to pass orders even if your husband does not appear.