Husband has not been appearing in the court proceedings

Shivendra Pratap Singh


High Court Lucknow

Family Law | Maintenance

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Advised on 11 Feb, 2023

Question: My marriage is 14 years old. I filed a case under the domestic violence act for maintenance and protection order. In that complaint I also asked for a residence order in the shared household. My husband never came to court. Court has passed a maintenance order. Now my husband is not paying rent or paying anything to me.  And has run away. I’m unaware of his whereabouts. What can be done? 

My advocate is not co-operating in this matter. He told me that you should search your husband and serve a notice upon him. I think he has connived with my husband therefore, he is taking his favour. This is a very strange situation and I am facing a lot of problems due to paucity of money. please help and suggest in this situation what I should do?  

Asked from: Delhi

The court has power to execute its order if your husband does not appear in the court proceeding. When your husband has not been appearing in the court proceeding then the court might have passed an ex-parte order. that order is valid and the court can execute it. 

You should move an application before the court for the execution of its order. The court has power to issue a warrant against your husband and attach his property in the course of execution of the order of maintenance. 

No need to search your husband who is deliberately not appearing in the court. You should avail the existing remedy i.e. to pray from the court to attach his property. 

Maintenance is a legal right granted to the destitute wife under the Domestic Violence Act. If the husband has the sufficient means to maintain his wife but refuses or neglects then the court compels him to perform his obligation by passing an order of maintenance against him. 

This is the law prevailing in India towards the alimony of a wife. If the husband is deliberately disobeying the order of the court, his property shall be liable to be attached.