Dv filed but no summon yet
pikun
(Querist) 12 April 2014
This query is : Resolved
False 498a and 406 on me and family. FIR done 3 weeks ago. AB obtained. Currently case is at Charge sheet stage.
I recently came to know that my wife had already filed DV at court 6 months ago (even before her dowry complaint in CAW cell). Four dates already over for DV. But i have not received any summon so far for DV. I have changed my address since 3 months. Next hearing is after 1 month.
My queries :
1. Why summon is not reaching me (she knows my new address and work place address) ?
2. Is she not sending summon purposefully ?
2. Can summon not coming to me even in 6 months can harm my case ?
3. Can i just appear in court on the date of next hearing ?
Thanks.
R.K Nanda
(Expert) 12 April 2014
take help of lawyer and appear on next day.
Devajyoti Barman
(Expert) 12 April 2014
Instead of thinking of non-service of summons, try to appear in the case and fight the case on merit.
If the case is heard ex-parate you would find it increasingly difficult to control the damage.
Dr J C Vashista
(Expert) 13 April 2014
I respectfully disagree with Sh. Devajyoti Barman for appearance in the case and contest before service of summons since the Court has to consider the report of Protection Officer before issue of summons to the respondent.
However, the case may be watched in the court, if you are sure that some case under the provisions of POWADV Act has been filed.
Engage a local lawyer.
ajay sethi
(Expert) 13 April 2014
better engage a local lawyer and check roznama of proceedings . you should appear on next date as under DV act court has powers to pass orders exparte .
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 April 2014
D V law is latest addition to gender biased laws.
While in 498 a evidence is essential and for CRPC 125 guilt of husband has to be shown that he has forcefully thrown out the wife but for DV ACT no such necessity and orders can be passed even financial against all persons who have domestic relationship other than husband.
So you must take proper steps from initial stages. If you know case is filed engage a local advocate who will find actual stage.
Take care since once any order is passed even ex party no appeal will be admitted normally without payment of dues even may b e partially.
Rajendra K Goyal
(Expert) 13 April 2014
Appropriately advised, agree with the experts.
T. Kalaiselvan, Advocate
(Expert) 13 April 2014
I agree with the experts of Advocate defense. Better engage a lawyer and follow up the matter.
