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Husband not appearing in court for divorce case what to do.


20-Dec-2023 (In Divorce Law)
My sis in law has applied for DV act in 2014 after her husband sent a divorce notice.. Till now there is no response from him, nor he is giving the Compensation(Jewels which was given). Its been nearly two years. If the person is absent continuously will the case get rejected without giving compensation amount, or can we apply for Habeas Corpus against him?
Answers (3)

Answer #1
895 votes
If the divorce case is going on in family court procedures are different or it it's going on in sub court then it's different. There are possibilities to get disposal for default of the petitioner. You can dispose it when he is not appearing

Answer #2
857 votes
If he is absent continuosly his petition will be dismissed for default. But you can file a petition against him in tbe family court for return of articles and maintenance. If he fails to appear the matter will be decided in his absence n you could execute that exparte order by attaching his property/salary or arresting him.
Answer #3
611 votes
Hello,

Since DV ACT case is filed you have to be attentive the complainant has to appear before the j.m. court regularly. You have insist your advocate to conduct the case properly. If you are alert and inform the counsel to pray for issuance of warrant. You tell your advocate to file petition for return of property. From your query it is understood that you are not well informed about the Court proceedings and the case is not conducted properly. Question of compensation comes only when DIVORCE IS DECIDED. For more details pl. call me.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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