Summon served in the name of managing director in case of 125 of maitenance.
Sundram N
(Querist) 24 December 2012
This query is : Resolved
Dear Friends,
Kindly advice that court issued summon of the maitenance case u/s 125 addressing to the Managing Director of the company. husbnad is employee in that company but the query is that, party is husband and summon issued in the name of the managing director of the company is proper serving of the summon ?
Now, Director is making plan to take resignation from the husbnad employee due to knowing all the fact from the served sumon in the name of manging director and director is saying to give resignation at the moment of the case.
if husbnad is giving resignation then he can say that he is earning very low income from anywhere and can file divorce on cruelty ground.
kindly advice about the summon on which basis husbnad can appear or enlarge the time of the case because he was not granted bail till now in 498a
Sundram N
(Querist) 24 December 2012
Kindly note that in the above query, husbnad is residing out of the state and as per section 67 of crpc, the summon is to be served to the megiatrate in which jurisdiction the accused is residing. in veiw of the above provision, the served summon on the MD of the company is not seemed proper.
kindly suggest what to do?
ajay sethi
(Expert) 24 December 2012
summons have to be in name of accused . not in name of MD of company as MD is not accused . in any case rather than going on tecvhnicalites fight case on merits . whether wife is earning or not . earning wife not entitled to maintenance
Guest
(Expert) 24 December 2012
The question arises, under what circumstances the company's name and address appeared as the address of the husband, and how the MD of the company came in to picture in the case?
V R SHROFF
(Expert) 24 December 2012
Now that employee is aware of the 125 case, he is bound to appear before the court.
MD & co named used as address of employee.
R.K Nanda
(Expert) 24 December 2012
agree with expert Sethi.
Sundram N
(Querist) 25 December 2012
Sir,
i am making a plan to advice my client, husbnad that to arrange a letter by CEO or MD replying to the judge from where the registered letter came in the name of MD and CEO of the company stating that ""the MD or CEO is not concerned in the case and nor parties and found the summon opening the envelope is relevant to the other parties and seemed that by mistake is sent to my name on the company address. the xerox copy of envelope and summon is annexed with the letter for kind reference""
further, i am making the plan that one advocate is to be made appear on that date of hearing on behalf of company to say the same things as stated above and sent by post to the family judge.
kindly advice me on the above strategy that to send the above reply by post to the family judge and also to arrange a advocate to state the same things to the judge on the date of hearing.
kindly advice.
