What should I do if I receive a legal notice?

Read it carefully, note the deadline for replying, and gather all related documents. It is advisable to consult a lawyer before sending any response.

How do I file a police complaint in India?

You can visit the local police station and submit a written complaint. For serious offences, the police must register an FIR (First Information Report).

Can I be arrested without a warrant?

For certain serious offences (cognizable offences), police can arrest without a warrant. For minor offences (non-cognizable), a warrant is usually required.

How can I check the status of my court case online?

Most states have online case status portals. You can also use the eCourts website (https://ecourts.gov.in) to track cases by case number, party name, or FIR number.

What is the limitation period for filing a civil case?

The Limitation Act sets different time limits depending on the type of case. For example, a suit for recovery of money is usually 3 years from the date the payment was due.

Can I represent myself in court?

Yes, Indian law allows you to appear as a 'party in person,' but legal proceedings can be complex, so many people choose to hire an advocate.

How can I protect myself from cheque bounce cases?

Ensure the account has sufficient funds before issuing a cheque. Keep proof of transactions and communication with the payee.

What is the difference between bailable and non-bailable offences?

Bailable offences allow you to get bail as a matter of right. In non-bailable offences, bail is granted at the court’s discretion.

Can I record a phone conversation for legal use?

Recording your own conversations is generally allowed, but sharing or misusing it may violate privacy laws.

How do I file a consumer complaint?

If you receive defective goods or poor services, you can file a complaint with the Consumer Disputes Redressal Commission online or in person.

What should I do if I lose important documents like a PAN card or property papers?

File a police complaint (FIR for theft or loss report), publish a notice in a local newspaper, and apply for duplicates from the issuing authority.

Can I get a copy of an FIR?

Yes, the police must give a free copy of the FIR to the complainant immediately after registration.

What is anticipatory bail?

It is a legal protection you can seek from the court to avoid arrest in anticipation of being accused of a non-bailable offence.

How do I make a will in India?

A will must be in writing, signed by you, and attested by at least two witnesses. Registration is optional but recommended.

Can tenants be evicted without notice?

No, landlords must follow proper legal procedures and give notice as per the rent agreement or applicable state laws.

How do I verify property ownership before buying?

Check the sale deed, encumbrance certificate, mutation records, and property tax receipts. A legal opinion is recommended before purchase.

What is the legal age for marriage in India?

For males, it is 21 years; for females, 18 years, as per the Prohibition of Child Marriage Act.

Can I refuse to sign documents at my workplace?

Yes, you should not sign any document unless you fully understand its contents. You may request time to review it.

How can I lodge an online police complaint?

Many states provide e-complaint portals and mobile apps. These are usually for non-emergency cases.

What is the process for name change in official records?

It involves making an affidavit, publishing the change in newspapers, and notifying the Gazette of India for official recording.

Can ancestral property be sold without consent of successors?

No, ancestral property cannot be sold without the consent of all legal successors. In India, all co-owners (successors) have equal rights in the property, and any sale without their approval can be challenged in court.

What happens if ancestral property is sold without consent?

If ancestral property is sold without the consent of all successors, the sale can be declared void by a court. The aggrieved parties can file a partition suit or legal challenge to reclaim their rights.

How can consent for selling ancestral property be obtained?

Consent should be obtained in writing from all legal heirs or co-owners. This may be done through a registered consent deed or a no-objection certificate (NOC) before executing the sale.

Is court permission required to sell ancestral property?

Court permission is not required if all successors give written consent. However, in cases involving minors or disputed ownership, the court’s approval may be necessary.

Can one successor sell their share of ancestral property?

Yes, a successor can sell their share in ancestral property, but only after partition. Until the property is partitioned, no individual can sell a specific portion without consent from others.

What is the difference between alimony and maintenance?

Alimony usually refers to financial support provided after divorce, while maintenance can be granted during marriage, separation, or ongoing divorce proceedings. Both aim to support the financially weaker spouse.

Who can claim alimony or maintenance in India?

Both men and women can claim maintenance if they are financially dependent on the other spouse. However, claims must be justified with evidence of need and the other party's ability to pay.

Under which laws can a spouse claim maintenance in India?

Maintenance can be claimed under Section 24 and 25 of the Hindu Marriage Act, Section 125 of the Criminal Procedure Code (CrPC), and the Protection of Women from Domestic Violence Act.

How do courts decide the amount of alimony in Ludhiana?

Courts consider the income, assets, and standard of living of both spouses, along with age, health, and child custody expenses, before determining the amount.

Can a spouse get maintenance without divorce?

Yes. Maintenance can be granted even without divorce in cases of separation, domestic violence, or if the dependent spouse is unable to maintain themselves.

Is alimony a one-time payment or monthly?

Alimony can be given as a lump-sum one-time settlement or as monthly maintenance, depending on court orders and the circumstances of the case.

Can a husband claim maintenance from his wife?

Yes. If the husband is financially dependent and the wife is earning sufficiently, he may claim maintenance, subject to court discretion.

Does maintenance automatically stop if the spouse remarries?

Yes. If the dependent spouse remarries, the maintenance order typically ends, unless specified otherwise by the court.

Can maintenance be modified after the court order?

Yes. Either spouse can request a modification in the maintenance amount if there is a significant change in financial circumstances.

How long does it take to get a maintenance order in Ludhiana?

The timeline varies based on court workload and complexity of the case, but interim maintenance can be granted within a few months of filing.

What should I do if I receive a legal notice?

Read it carefully, note the deadline, and consult a lawyer before replying.

How do I file a police complaint in India?

You can visit the local police station with a written complaint. For serious offences, police must register an FIR.

Can I be arrested without a warrant?

For serious offences, police can arrest without a warrant. For minor ones, a warrant is usually required.

How can I check the status of my court case online?

You can use the eCourts website (https://ecourts.gov.in) or state portals to track case status.

What is the limitation period for filing a civil case?

It depends on the case type. For example, recovery of money suits usually have a 3-year limit.

Can I represent myself in court?

Yes, you can appear as a party in person, but many choose an advocate due to complexities.

How can I protect myself from cheque bounce cases?

Ensure sufficient funds before issuing cheques and keep transaction records.

What is the difference between bailable and non-bailable offences?

In bailable offences, bail is a right. In non-bailable, bail is at the court’s discretion.

Can I record a phone conversation for legal use?

You may record your own conversations, but misuse or sharing may violate privacy laws.

How do I file a consumer complaint?

You can file with the Consumer Disputes Redressal Commission online or offline.

What should I do if I lose important documents?

File a police complaint, publish a newspaper notice, and apply for duplicates.

Can I get a copy of an FIR?

Yes, the police must provide a free copy of the FIR to the complainant.

What is anticipatory bail?

It is protection from arrest granted by the court for non-bailable offences.

How do I make a will in India?

A will must be written, signed by you, and attested by two witnesses. Registration is optional.

Can tenants be evicted without notice?

No, landlords must follow legal procedure and provide notice as per law.

How do I verify property ownership before buying?

Check sale deed, encumbrance certificate, mutation records, and property tax receipts.

How to File Divorce if Spouse is Missing or Abroad

Learn the step-by-step process to file for divorce in India when your spouse is untraceable or settled abroad.

Advocate Harshit Sachar

8/5/20251 min read

How to File Divorce in India if Spouse is Missing or Abroad

When your spouse is untraceable or refuses to return from abroad, filing for divorce may seem complicated. However, Indian law provides solutions.

Case 1: Spouse is Missing

Legal Grounds:

Under Section 13(1)(vii) of the Hindu Marriage Act, you can file for divorce if:

The spouse has not been heard of for 7 years or more by those who would naturally have heard of them.

Steps to File:

File FIR: Report spouse missing to police.
Collect Proof: Newspaper notices, witness affidavits.
File Divorce Petition: In family court citing Section 13(1)(vii).
Court Proceedings: Ex-parte decree possible if evidence is strong.

Case 2: Spouse is Abroad and Uncooperative

You can file divorce in India even if the spouse is abroad.

Steps:

Draft Divorce Petition: Based on valid grounds (cruelty, desertion, adultery).
File in Jurisdictional Court: Where marriage was solemnized or last resided.
Serve Notice Abroad: Through embassy or court-approved method.
Proceed Ex-Parte: If spouse doesn’t appear after repeated notices.

Important Notes:

Ensure foreign addresses are correct.
In case of mutual consent, video conferencing is allowed by some courts.

Conclusion

Absence of spouse, whether due to abandonment or being abroad, doesn’t block your legal rights. A skilled lawyer can help initiate the correct legal process and represent you through court proceedings.