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Husband left country after filing of divorce case

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Divorce Cases

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My husband left country after filing of divorce case. I filed for divorce in March 2015 on grounds of cruelty and dowry with my husband, also he is impotent and gay. A criminal case was also registered against him and my in-laws who harassed me mentally and financially, but in May 2015 he has left the country and moved to London. I know where he works in London. There has been one hearing for our case in family court till now. He plans to take his parents along him in December 2015 to London.

They have not appeared in the first hearing and don’t intend to appear in court going forward. We are waiting for the criminal case hearing date. What are my chances of getting alimony for the expenditure of marriage borne by my parents and mental and physical damages done to me? As he and his family are running away from law and court and Police will not go and arrest him in London (UK).

Question from: Punjab

Probably, you have filed a petition under Section 24 of HM Act for the interim maintenance. If your husband does not appear before the court then the court will pass an ex-parte order of maintenance. The court cannot execute the ex-parte order because your hasband is residing in London. 

You cannot compel your husband to pay maintenance unless he comes within territorial jurisdiction of the court. In this situation you may file an execution application. The court can attach the property of your husband (if any) situated within the jurisdiction of the court. 

But the question is how to warrant will be executed as your husband residing far away in London. it will be sent to London police authority through the Indian embassy.

At the same time, you may pray before High court for impound of his passport and another family member as a criminal case is running against them.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

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