Maintenance suit

your are eligible for maintenance under Domestice Violence Act. You should focus on getting maintenance under Domestice Violence Act and also insist for shelter under DV Act. Apart from Maintenance under DV Act u can file maintenance case seperately and if he doesnot appear you can get ex-parte Order and get the Order execute though his Office from his salary. 

Dear client,

Your daughter was sent out of her matrimonial home in 2021 and the domestic violence case is still going on. The judge has already issued a bailable warrant since the accused did not attend court. If he continues to stay absent, the court can issue a non-bailable warrant and also pass orders without his presence. Your daughter can also file a maintenance petition even if she does not know his exact income. The court will ask him to reveal his earnings. Since she is jobless and has no income, the chances of getting maintenance are strong. She can get free legal help from the District Legal Services Authority in Hyderabad .

 

I hope this answer helps, in canse of further queries, please reach out to us.

Since the accused has failed to appear in court after multiple hearings: The court has the power to issue a bailable or non-bailable warrant. If the accused continues to ignore summons/warrants, the court may take stronger coercive steps, including proclamation as absconder under Section 82 CrPC and attachment of property under Section 83 CrPC. The judge has now scheduled counter-filing hearing on 15.07.2025, which could involve: Considering the respondent’s written statement/counter to the DVC. If the accused fails to appear again, you can file an application requesting ex-parte proceedings or initiate contempt proceedings. Yes, your daughter can file a maintenance petition even if the accused’s exact income is not known. File a separate petition for interim and permanent maintenance under Section 125 CrPC or as part of the existing DVC under Section 20. Request the court to direct the accused to submit an affidavit of income/assets. You can also seek interim maintenance to meet immediate needs, especially since she is currently unemployed. If you can provide his last known workplace, the court can issue summons/warrant or direct the employer to share income details. Legal Provisions Available: Section 20 of the DV Act: Entitles the aggrieved woman to monetary relief (including maintenance). Section 125 of CrPC: Independent remedy for claiming maintenance from husband. Maintenance under Hindu Adoptions and Maintenance Act, 1956 (if Hindu). What the Court Considers: Even without knowing exact income, court considers: Accused’s educational qualifications and employment history. Lifestyle and social standing. Bank transactions or property ownership, if available. Presumption that an able-bodied man should support his wife. So, not knowing his salary or company name does not bar the court from awarding maintenance.