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Regarding arrest warrant recovery warrant
04-Apr-2026 (In Divorce Law)
My maintenance is decided in 2022 at a cost of 25000 and I recieved only 83000 till now. My husband divorce case is rejected two times by the court because of failure to appear and not paying maintenance. In my case he is exparte and now I get to know that he flee from India to other country. Court issued rcw and Arrest warrant against him from 2025 but no report is coming from the addresses he given in the court. He has given 4 address in his affidavit because he was living on rent his parental
Your case is strong as maintenance of ₹25,000/month was granted in 2022 and he has paid very little. You should file execution for full arrears, where the court can recover money, attach property, or order imprisonment. Since arrest warrants are already issued and he is absconding, apply to declare him a proclaimed offender, which allows stricter action and property attachment. Also request a Look Out Circular and seek passport impounding through the Ministry of External Affairs. Even if he is abroad, his assets in India can still be attached.
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Adv. Shreya Dixit
Adv. Shreya Dixit
Gurgaon / Gurugram | 25+ Answers
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You can file an application before the court seeking a direction to the respondent to deposit/surrender his passport. This helps prevent him from evading proceedings and ensures compliance with court orders, especially since he is already avoiding appearance and maintenance payment. The court has the power to impose such conditions to secure his presence and enforce its orders. Additionally, you may also request further coercive steps for recovery of maintenance dues.
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Adv. Sumegh Garg
Adv. Sumegh Garg
Gurgaon / Gurugram | 100+ Answers
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To assist you better, we require additional details to understand the procedural standing of your case. Please clarify if the court’s order pertained to ad-interim maintenance or a final settlement. We also need to know if you have initiated execution proceedings to enforce the order. For tailored legal advice and next steps, you are welcome to connect with us for a detailed discussion.
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Adv. Vinayak Jayaram
Adv. Vinayak Jayaram
Gurgaon / Gurugram | 25+ Answers
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Based on the details provided, several legal remedies are available in India to enforce a maintenance order when a husband has fled abroad and is not complying with court directions.
1. Enforcement through Coercive Measures
Since the court has already issued an arrest warrant (likely a Non-Bailable Warrant or NBW), you can pursue additional coercive steps to compel his return or ensure compliance:
Look Out Circular (LOC):Â You can request the court to direct the relevant authorities (like the Ministry of Home Affairs or the Superintendent of Police) to issue a Look Out Circular. This would lead to his detention at any Indian airport if he tries to enter or leave the country.
Passport Impounding: The court can direct the Regional Passport Office to impound or revoke his passport under the Passports Act, which would severely restrict his international travel and may affect his residency status abroad.
Proclamation of Absconder: If he continues to evade the warrants, the court can declare him a Proclaimed Offender (P.O.), which can lead to further criminal consequences
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Based on the facts stated, your position is legally strong. Since maintenance was fixed at ₹25,000 per month in 2022 and your husband has paid only ₹83,000 against total arrears accrued, he is in clear default under Section 125 CrPC / Section 144 BNSS. The court having already issued a Red Corner Warrant (RCW) and arrest warrant establishes his willful disobedience.
Since he has fled India, you may file an application before the Family Court seeking: (1) initiation of proceedings under Section 83 CPC for attachment of his properties in India against maintenance arrears; (2) request the court to write to the Ministry of External Affairs / Passport Authority for impounding or revocation of his passport under Section 10(3)(h) of the Passports Act, 1967; (3) file a complaint with the jurisdictional police for non-bailable warrant execution and Interpol Red Notice if his foreign location is ascertainable.
Given he is already exparte and the divorce petition was rejected twice for non-appearance, you may also press for a decree of divorce on grounds of desertion and cruelty under your applicable personal law. The arrears of maintenance are recoverable as a money decree enforceable against his attachable assets.
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Adv. Neha Gupta
Adv. Neha Gupta
Kurukshetra | 100+ Answers
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