In this case potential warrant, summons and options for filing a transfer option should be considered as an important legal aspect. When a case is filled under sec 125 of CrPC, here the court issues summons to the respondent to appear before the court. If Rahul has not received any summons that were served before it may indicate that the summon were not properly served. Under the sec 126 of CrPC the proceedings can be initiated in the district where the husband resides / where the wife resides / where they lived together in the past.
The court may proceed to hear an ex-parte judgement if Rahul avoids any further summons. The ex-parte order will be maintained if Rahul continues to willfully avoid the serving of summons.
A non-bailable warrant (NBW) for his arrest maybe issued to ensure his presense in court. This happens typically after repeated failure to appear before the court and if the court is convinced that the respondent is evading the procedure. He may have grounds to contest any warrant against him or an ex parte order , if he can demonstrate that he did not receive any order.
Under the Hindu Marriage Act, 1955, sec 9 he can file a case for restitution of conjugal rights in Amritsar. To resume cohabitation this remedy aims to compel a spouse to do so. However if the wife is unwilling to do so, this may not be straightforward option.
They can file a transfer application to move the case from Ludhiana to Amritsar. Potential to fairer hearing and convenience for the parties involved is the typical grounds for such application. Residence of parties, location of witnesses, and the interests of justice is considered when deciding on the transfer application.
If Rahul receives any further summons or notices he must respond promptly to avoid adverse order. His lawyer can assist him to draft and file transfer application if he wishes to move the case to Amritsar. Engaging with a competent family law attorney will be essential in navigating these legal complexities and ensuring that his rights are protected.
