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Maintenance Case - Opponent not appearing in court


22-Oct-2025 (In Divorce Law)
Dear sir/madam, My sister has filed for maintenance in family court, after she came out of in-laws house due to harassment. We have another criminal case ongoing related to harassment handled by PP. The opponent party has not appeared in family court so far. The opponent lawyer once appeared for the mediation, but not for any further session, so the mediation failed and we had one hearing after that. Please let us know what steps our lawyer or my sister can take to get the maintenance ordered.
Answers (2)

Answer #1
565 votes
Dear Sir, Since the respondent (husband) has not been appearing before the Family Court despite being served with notice, your sister’s lawyer can move an application to proceed ex parte under Section 126(2) of the Criminal Procedure Code (if the case is filed under Section 125 Cr.P.C.). Once the court is satisfied that the respondent is deliberately avoiding the proceedings, it may record evidence of your sister (by affidavit or oral testimony) and pass an ex parte maintenance order based on her income, expenses, and the husband’s earning capacity.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRato Bangalore / Bengaluru | 1000+ Answers
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Answer #2
920 votes
we can take legal action against them, for that we have to serve the court summons if any legal options there if you are interested call me Nine one zero eight three one three six zero two regards Nagarajan
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Advocate Nagarajan N

Adv. Nagarajan N

LawRatoBangalore / Bengaluru | 25+ Answers
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