Legal Question in Family Law in India
Sir, I had filed my divorce 1-1/2 years back and last october i got divorced but the alimony cheque that my husband had given me at the time of final petition, got bounced and court filed case against them. Now the court has issued non-bailable warrants agains him, but he, along with his family, has moved to some unknown place. All his family is missing this time and we are unable to post them summons as they do not reside on that address anymore. Next date of hearing is in March. Please advice us what should we do if we are unable to locate them by March? and if there is any law against such crimes? and sir, if they do not get located by the time of hearing, is there any procedure that court will do next? or we will have to just sit quiet without any action?
2 Answers from Attorneys
The Court will follow the procedure prescribed by law - the Criminal Procedure Code.
you have two fold remedy here...one filing a complaint u/s 138 of Negotiable Instruments Act and another filing a contempt before the court that issued the decree. regarding the service of summons and warrants, you may move an appropriate application for publication and attachment.
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