Private notice

Ranganath (Querist) 28 February 2010 This query is : Resolved
Ld counsels

In a family court case I have received a private notice, is it possible to take time in family court to replyto the private notice.

Should the reply be in terms of a counter to be filed in court. The notice is numbers with a IA number.

Please clarify.

Thanks.

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adv. rajeev ( rajoo ) (Expert) 28 February 2010
It is not a private notice, it is an interrium application filed by the opposite party that IA notice is served on you. You can take a time to file an objections to that IA.

Guest (Expert) 28 February 2010
i do agree with Rajeev.

Guest (Expert) 28 February 2010
Give full details so that appropriate answer can be given.

Parveen Kr. Aggarwal (Expert) 01 March 2010
Yes. You can pray for time for filing reply. The reply will have to be filed according to the contents of the application upon which notice has been issued to you.

Ranganath (Querist) 01 March 2010
Ld counsels,

Thanks for the replies, I have received a copy of the application filed with a letter bearing a title "Private Notice" from my wife.

I agree it must be an interim application. The letter conveys that I should be present in some date in court otherwise the application will be heard and decided in my absense. I dont think court can do this in my absense when I have a connected RCR case pending which comes 2 weeks later than this date.

The application is filed get some records from my mobile phone service provider. Will the court permit this when I claim that my mobile phone is misused.

Please clarify.

Guest (Expert) 01 March 2010
Yes. The date for interim application can be prefixed two weeks earlier to your case hearing. You can put your objections against the interim application along with your own reasoning by way of reply and the court will decide the application on the basis of merits.

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