Domestic violence
kavkaz
(Querist) 10 November 2016
This query is : Resolved
Respected Sir/Madam,
1. Can my wife file a Domestic Violance petition in any other district court other than the district in which her matrimonial home falls in??
2. Is the domestic violence summons / petition valid in the following case:
a.) if it is sent through an ordinary POST (and NOT registered AD),
b.) NOT signed by my wife, and
c.) Sent by an NGO??
Thanks.
Guest
(Expert) 10 November 2016
NGO has the Powers to handle Domestic Violence Issues with Limitations.Your wife could file the Case in the Court of the Place where she Lives Now.If it is an Ordinary Post there would be No Proof of summon Sent and Court would insist on sending it by Registered Post and thro Court as well.Mean while Consult a Local good Senior advocate and Discuss in Detail to Protect your self Legally.
Devajyoti Barman
(Expert) 10 November 2016
1. Yes , she can file such case from any place wherein she is residing at the time of filing the case.
2.If you have received the summons then appear in the case.
Forget who has sent and how it was sent.
Guest
(Expert) 10 November 2016
A Summon could be sent Only by Court.A Private Notice by Advocate Could be Sent Only with the Consent Of Courts.Even in the Cases of Warrants in Cases of Sec 138 etc Even the Advocates Can Not Receive the Warrants and it would be Sent directly to Police from the Court.NGO has No Right to Receive Or Send the Summons and No Private Notice Could be Sent by an NGO.Either An Advocate Or Party in Person could Represent a Case and Certainly Not an NGO.Summons would be Sent by Registered Post Or would be Delivered by Court Staff and Not by an Ordinary Post that too from an NGO.So you do not worry and No need to attend on the Immediate date mentioned and Be Prepared by Consulting a Local Good senior Advocate.
Devajyoti Barman
(Expert) 10 November 2016
Well, it appears Mr Rajkumar has given opinion with regard to practice followed in his state.
In WB the summons is also sent by Protection officer or even through NGO which is entrusted to handle task of Protection Officer. This is practice in many other states as well.
Once summons is shown to be served the court can proceed ex parte and once order of maintenance is passed you would certainly face an impossible task to reverse it on the technical ground, if any.
So decide judiciously.
Guest
(Expert) 10 November 2016
You Keep the Cover/Envelope sent By NGO and Necessary Complaint could be Made against him when Time Comes But Not Right Now.If at all you are going to attend the Court you Could Complain Directly in the Court with the Help of your advocate that Summon was sent by an NGO and how he had Received in Court and Your advocate Could Mention entire Case had been Put Up in Fraudulent Manner and Methods.
Guest
(Expert) 10 November 2016
Summon sent by Ordinary Post will carry no Evidence of service.
Guest
(Expert) 10 November 2016
If at all the NGO takes up the Job of Delivery Officer as a Honorary Service as Mentioned He should take the Responsibility of either delivering in Person and Take acknowledgement in Court copy Like How the Courts staff Do Or atleast should Send it by Registered Post with Court address Seal as" From" address.My Senior Late Mr.Biswanath Roy is From Kolkata Only.NGO has Limitations and they can Not take Law in their hands.They should only seek the Help of Police and Courts.They are Only Volunteers to help the Needy.
Guest
(Expert) 10 November 2016
Author also Note I am Only Discussing with you Only about the Court Summons. The Copy of Petitions filed Could be Sent by any Tom Dick and Harry.Still you could say you have Not received the Copies of Petitions Filed in Court being it is an Ordinary post.
Rajendra K Goyal
(Expert) 10 November 2016
you asked:
1. Can my wife file a Domestic Violance petition in any other district court other than the district in which her matrimonial home falls in??
Ans; Yes
You asked:
2. Is the domestic violence summons / petition valid in the following case:
a.) if it is sent through an ordinary POST (and NOT registered AD),
b.) NOT signed by my wife, and
c.) Sent by an NGO??
reply: If you have received the summons, appear and protect your interests.
Guest
(Expert) 11 November 2016
In an academic query, anything can happen.
By the way, have your wife filed a DV case against you? if so give complete history of the case, if you want some purposeful opinion.
