What If The Respondent Evades Summons In Maintenance Proceedings?

In maintenance proceedings, summons are issued to the respondent (usually the person responsible for paying maintenance) to attend court hearings and present their defense. Evasion or non-compliance with these summons can delay proceedings and deny the claimant (typically the spouse or child seeking maintenance) their rightful support. Under Indian law, courts have several coercive measures to deal with such defiance, ensuring that maintenance orders are granted and enforced. If the respondent deliberately avoids attending court or fails to respond to the summons, the court can issue arrest warrants, attach property, and take other legal actions to compel the respondent’s appearance and compliance. The goal is to protect the right of the petitioner to receive maintenance and uphold the integrity of the legal process.

Legal Framework and Court Approach

Obligation to Attend Court:

Under Section 125 of the CrPC (Criminal Procedure Code), the respondent is legally obligated to attend court proceedings and comply with summons. Failure to respond can lead to contempt proceedings or coercive actions.

Issuance of Non-Bailable Warrants:

If the respondent avoids or fails to respond to repeated summons, the court may issue a non-bailable warrant for their arrest. The aim is to ensure the respondent appears before the court for further proceedings.

Attachment of Property or Salary:

If the respondent still evades, the court may order the attachment of their property or garnish their wages. This is done to compel the respondent to make payments towards the maintenance amount.

Contempt of Court Proceedings:

Deliberate evasion of court orders, including summons, can be treated as contempt of court. The court may initiate contempt proceedings, which could lead to imprisonment or other penalties if the respondent’s actions hinder the legal process.

Public Notices and Proclamation:

In cases where the respondent is untraceable, the court may issue a proclamation through public notices to inform the respondent of the proceedings, compelling them to appear before the court.

Judicial Discretion:

Courts have the discretion to decide the appropriate measures based on the circumstances of each case, including the severity of the respondent's non-compliance and any history of evasion.

Practical Advice

Ensure all summons and court orders are properly served and documented.

If the respondent evades summons, promptly inform the court to initiate coercive measures like arrest warrants or property attachment.

Maintain a record of attempts to serve summons and any correspondence with the court.

If the respondent is deliberately avoiding service, seek the court's permission for public notice or proclamation.

Consult with a lawyer to explore all enforcement options and expedite the legal process.

Example:

A wife files for maintenance under Section 125 CrPC against her estranged husband. Despite several summons being issued, he deliberately evades court hearings, failing to show up for any of the scheduled dates. The wife then requests the court to take action, and the magistrate issues a non-bailable arrest warrant for the husband’s failure to comply. Upon his continued evasion, the court orders the attachment of his salary and a public proclamation. The husband, realizing the seriousness of the situation, finally attends court, and the maintenance proceedings are able to move forward. The court ensures that the wife’s right to maintenance is upheld through the enforcement of its orders.