Sir, My sister was married last year(2015)12th April but my in-laws tortured and sent me out of the house in May 2015 We filed case against them... We attended case 4 times but they didn't come at least once.. Why no action is taken against them... Plz inform... What to do next..
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Please specify what type of case is filed against her husband.
If it is civil case and if husband remains absent repeatedly and even does not engage any advocate then the court can pass one sided order.
if it is criminal case then court can pass warrant of arrest.
Do note that in each date the husband need not be physically present,more so, if he engages an advocate.
Dear Querist
First of all, you should informed that in which court you file the case?
maintenance case U/s 125 of Cr.P.C., domestic violence case U/s 12 of D.V. Act, divorce case U/s 13 of HMA, dowry demand/cruelty case U/s 498A/406 of IPC, or only CAW Cell/Women Cell complaint was filed by you?
What is nature of case filed ?
2) was your husband represented by his lawyer
3) if you have filed divorce case and your husband dies not appear nor is represented by lawyer court will proceed exparte against him
The summons would not have been served on them hence they might not have turned up or they would have been represented by their lawyer.
You may verify the reason from court records or through your lawyer.
They will appear before court once the summons have been served on them properly.
If they are not appearing in the court despite issue of and service of summons then their appearance can be compelled through a warrant. So your sister as the complainant can apply to the court to issue a NBW against them.
