Restitution case pending in appeals. Husband moved to USA. What to do?


I filed a restitution of conjugal rights case and i lost it 4 years back. Now as the case is in appeals, my husband has shifted to USA and is not present at any of the hearings. Now the judge asked ask if we would be able to bear the cost of bringing my husband to India. I want to know how to go about things? What should be my next step?

Answers (3)


173 votes

Usually there is no practice of complainant bearing expenses to bringing the opposition party other than cost for service of notice.

If in case NBW is issued then it becomes the responsibility of the state to execute the warrant.  

You tell the judge that you are ready to bear the cost if you sepcufy the amount. I don't think that observation was made on serious note. It would have come up during the discussion.

I am very sure you won't be asked to pay cost if his ticket.

303 votes

If your husband has shifted to USA and not appearing to court proceedings then the Appeal will be disposed off in his absence. Normally in Appeal presence of parties is not mandatory and appearance of counsel is enough. You can request the judge to direct your Husband's Counsel to keep you husband presence before the court.


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207 votes

Usually there is no practice of complainant bearing expenses to bringing the opposition party other than cost for service of notice. If in case NBW is issued then it becomes the responsibility of the state to execute the warrant. You tell the judge that you are ready to bear the cost if you sepcufy the amount. I don't think that observation was made on serious note. It would have come up during the discussion.

I am very sure you won't be asked to pay cost if his ticket.

Regards,

Sandeep Hegde

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