My husband abandoned me in Dhanbad and went abroad, can the state family court issue a lookout notice?

Detailed Legal Analysis

Yes, the state family court can issue a lookout notice if your husband has abandoned you and there are grounds to believe that he may not return, particularly in the context of legal proceedings regarding maintenance, custody, or divorce.

In India, the Family Courts Act, 1984 governs the establishment of family courts with the aim of facilitating the resolution of disputes related to marriage and family affairs. The process of issuing a lookout notice can be initiated under the following circumstances:

• Suspicion of Non-Appearance: If there is a legitimate concern that your husband may evade legal proceedings or may not return to India, a lookout notice can be justified.
• Legal Provisions: The family court can invoke provisions under Section 13 of the Family Courts Act, which allows courts to make decisions in the interest of justice, including preventing a party from evading their responsibilities.
• Filing a Petition: You would need to file a petition in the family court stating the reasons for the lookout notice along with evidence of abandonment.
• Grounds for Abandonment: It is essential to provide evidence that your husband has not only abandoned you but might also be attempting to avoid any legal obligations, such as maintenance or custody.

The family court may also consider issuing a notice under the Criminal Procedure Code (CrPC). The relevant sections include:

• Section 82: This section allows a court to issue a proclamation against a person who is absconding and avoiding legal proceedings.
• Section 83: This section enables the court to issue a warrant for the arrest of a person who is willfully avoiding court proceedings.

Additionally, you may consider filing for divorce under the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954, depending on the nature of your marriage. Grounds for divorce due to abandonment can be established under:

• Section 13(1)(b) of the Hindu Marriage Act: This allows for divorce on the grounds of desertion for a continuous period of two years.
• Section 27 of the Special Marriage Act: This provides similar grounds for seeking divorce on the basis of abandonment.

In conclusion, you should consult with a family law attorney in Dhanbad to assist you in filing the necessary petitions and addressing your legal needs effectively.