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

Detailed Legal Analysis

Yes, the State Family Court in Jodhpur can issue a lookout notice if your husband has abandoned you and has gone abroad. This process can be initiated under certain circumstances outlined in Indian law.

Here are the key points and steps involved in seeking a lookout notice:

• Legal Framework: The relevant provisions for family matters are primarily governed by the Hindu Marriage Act, 1955, and the Code of Civil Procedure, 1908. For abandonment cases, Section 13B of the Hindu Marriage Act allows for divorce by mutual consent if one spouse is missing without information.
• Grounds for Lookout Notice: A lookout notice can be issued when:
  • The spouse is missing and has abandoned you without any communication.
  • There is a fear that the husband may evade legal responsibilities, such as maintenance or custody.
• Initiating the Process: You can file an application before the Family Court in Jodhpur, stating the facts of abandonment. The application should include:
  • Your details and those of your husband.
  • The dates and circumstances of abandonment.
  • Any evidence supporting your claim, such as communication records.
• Filing a Petition: You may also need to file a petition for seeking maintenance under Section 125 of the Criminal Procedure Code, 1973, if you require financial support. The court can combine this with the lookout notice application.
• Role of the Police: Once the Family Court issues a lookout notice, it is typically directed to the police authorities. The police will then circulate the notice to prevent the husband from leaving the country or to track his whereabouts.
• Follow-up Actions: After the lookout notice is issued, it is advisable to regularly check with the Family Court and police for updates on the status of the notice and any responses received.

In conclusion, the issuance of a lookout notice can be a viable legal step to ensure that your rights are protected in the event of abandonment. It is recommended to seek the assistance of a competent family lawyer in Jodhpur to navigate this process effectively.