Alimony recovery issue in court and husband is absconding

873 votes

You can still proceed effectively. File an application in the pending Darkhast/Execution proceedings seeking directions to trace the judgment-debtor and furnish any available alternate address—such as workplace, parental address, relatives' address, property address, bank/KYC details or address mentioned in other court proceedings. You may also seek attachment of salary, bank accounts, movable/immovable property or other assets. Once a correct/current address is placed on record and the required procedure is followed, the court can proceed with notice and, where legally justified, arrest/detention.

LawRato LawRato

832 votes

You can also file a Contempt Petition against your husband for not complying with the order. Since Contempt Petition would be filed before High Court, you will have better chances of succeeding and better implementation of order.

Advocate Tanay Mandot LawRato

515 votes

Yes. In this situation, the immediate issue is not the entitlement to ₹30,000/month, but that the execution court does not have a presently usable address for service/execution. If the court has already passed the permanent-alimony order and a Darkhast/execution petition is pending, you can generally take these steps: File an application in the pending execution/Darkhast giving the respondent’s latest known/current address and requesting issuance of the appropriate warrant/process at that address. If you do not know the exact address, provide all available recent information—employer, workplace, last known residence, phone number, email, vehicle details, property details, etc.—and ask the court to permit appropriate steps to ascertain the current address. Ask for attachment/recovery measures, where legally available, rather than focusing only on arrest. Courts can use different execution mechanisms depending on whether the order is a civil decree/permanent alimony order or a maintenance order under a particular statute. � Indian Kanoon +1 If a warrant was previously returned because the respondent was not found at the old address, the court may reasonably require a fresh/verified address before issuing another executable warrant. Courts have specifically considered situations where warrants returned with the endorsement that the judgment-debtor had left the address. �

Advocate Prashant Gupta LawRato

906 votes

File a fresh execution application with the respondent’s latest known address, seek substituted service/attachment of assets if appropriate, and request coercive steps for wilful non-payment. If the present address is genuinely unavailable, seek court directions to obtain it through lawful means.

Advocate Rani Sonawane LawRato

676 votes

File an application for sending an execution application at work place if that is also not working, file an application for newspaper publication of summons if they are still not appearing, then you can also seek attachment or seek attachment of properties and bank accounts linked to the pancard and Aadhar, warrant is your last option recovery should be the main motive

Advocate Moksh Jain LawRato