If you are stuck in such a situation, here is what to do.
A woman named Mrs. Anjali finds herself in a distressing situation. Her husband, Mr. Vikram, has abandoned her and is currently residing in a European country on a temporary work visa. Anjali has successfully obtained an ex-parte maintenance order against him from a court in Nagpur under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). An execution petition for this order is about to be filed to enforce the payment of maintenance.
In addition to the maintenance case, there is a separate criminal case pending against Vikram, for which a notice has been sent and the second hearing date is approaching. Vikram is deliberately avoiding the legal proceedings and has not appointed any legal representative to appear on his behalf in court. To make matters worse, his father has been sending local troublemakers to intimidate Anjali and her family, pressuring them to withdraw the cases. Anjali is seeking clarity on the next legal steps, particularly regarding the issuance of bailable and non-bailable warrants against her absconding husband.
Advice in such cases
Pursue Execution of Maintenance Order: The ex-parte maintenance order is a significant victory. The immediate next step is to file an execution petition to enforce this order. This allows the court to take measures to recover the maintenance amount, such as by attaching any property or bank accounts Mr. Vikram may have in India.
Press for Warrants in the Criminal Case: In the criminal case, if the accused fails to appear despite being served notice, the court follows a process. Your lawyer should file an application for a bailable warrant. If he still fails to appear, the court can then be moved to issue a non-bailable warrant (NBW) to compel his presence.
Report the Threats: The intimidation by the father-in-law is a separate criminal offense. You should file a formal police complaint (FIR) against him and the individuals he sends. Provide any evidence you have, such as call records, messages, or names of witnesses. This creates a record of their illegal actions and can lead to legal consequences for them.
Document Everything: Keep a meticulous record of all events, including dates of court hearings, details of threats received, and any communication (or lack thereof) from your husband or his family. This documentation is crucial for your cases.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Applicable Sections of Law
Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This section provides for the maintenance of wives, children, and parents. The execution of orders passed under this section is governed by the procedures laid out in the BNSS.
Sections of the Bharatiya Nyaya Sanhita, 2023 (BNS): The specific criminal case would be under relevant BNS sections, such as those pertaining to cruelty by a husband or his relatives (e.g., Section 85/86 BNS).
Provisions for Warrants and Proclamation in BNSS: The BNSS contains provisions for the issuance of summons, bailable warrants, non-bailable warrants, and, if the accused continues to abscond, for declaring him a proclaimed offender and attaching his properties in India.
Sections of BNS for Criminal Intimidation: The threats from the father-in-law would fall under the BNS sections related to criminal intimidation and extortion.
If you are the complainant
Be Proactive with Your Lawyer: Ensure your lawyer promptly files the execution petition for the maintenance order. For the criminal case, instruct them to file an application for a bailable warrant at the next hearing if your husband does not appear.
File a Separate FIR for Threats: Do not ignore the intimidation. Go to the nearest police station and file a complaint against your father-in-law and the individuals threatening you. This is a serious offense, and the police are obligated to take action.
Gather Information on Husband’s Assets: Try to collect any information you have about your husband’s bank accounts, properties, or other assets in India. This information will be vital for the court to attach his assets during the execution proceedings.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
If you are the victim
Prioritize Your Safety: If the threats are serious, inform the police immediately. Ensure your family is aware of the situation and take precautions.
Stay Resilient: Legal battles, especially against an absconding party, can be long and emotionally draining. It is important to stay strong and have faith in the legal process. Your persistence is key to achieving justice.
Maintain Communication with Your Lawyer: Regular updates and clear communication with your advocate are essential. Understand the strategy for both the maintenance execution and the criminal case.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
How the police behave in such cases
In cases of maintenance under Section 144 BNSS, the police role is generally limited to serving notices or executing warrants issued by the court. They do not investigate the maintenance claim itself. However, in the criminal case, the police are responsible for the investigation and for ensuring the accused appears in court. If a non-bailable warrant is issued, it is the duty of the police to execute it. Regarding the threats from your father-in-law, once you file an FIR, the police are required to investigate the matter, collect evidence, and take action against the accused persons as per the law. You may need to follow up consistently to ensure they take your complaint seriously.
FAQs people normally have
What if my husband never comes back to India?
Even if he doesn’t return, the law has provisions. The court can declare him a “Proclaimed Offender.” Following this, the court can order the attachment and sale of any property he owns in India to recover the maintenance amount or to compel his appearance. While bringing him back from a foreign country is complex, having an NBW and a proclaimed offender status against him can have serious consequences for his immigration status and future international travel.
When will a bailable and non-bailable warrant be issued?
The process is sequential. First, a summons is issued. If the accused fails to appear, the complainant’s lawyer can request the court to issue a bailable warrant. If he still fails to appear after the issuance of a bailable warrant, the court can then issue a non-bailable warrant (NBW). The timeline depends on the court’s schedule and the diligence of your lawyer in filing the necessary applications at each stage.
What evidence is required?
For Execution of Maintenance: The ex-parte order itself is the primary document. You will also need details of your husband’s assets in India (if any) to help the court attach them.
For the Criminal Case: Any evidence of cruelty, such as emails, text messages, witness testimonies from family and friends, and any medical records if physical harm was involved.
For the Threats: A detailed police complaint, any recordings of threatening calls, screenshots of messages, and the names of any witnesses who saw or heard the threats being made.
How long will the investigation take?
There is no fixed timeline, and it varies greatly. The maintenance case has already concluded with an order; the execution phase’s duration will depend on how quickly assets (if any) can be located and attached. The criminal case will be delayed significantly due to the accused’s absence. The issuance of warrants depends on the court’s hearing dates. The investigation into the threats by your father-in-law should ideally be completed by the police within a few months, but this can also vary. Persistence from you and your lawyer is crucial to keep the cases moving forward.
Advocate Sudhir Rao, Supreme Court of India