Notice of court
Sundram N
(Querist) 20 December 2012
This query is : Resolved
Dear Friends,
wife of my freinds filed case for maitenance and notice issued to their native place but he is residing in other state.
Now court issued notice to his residential address as well as office adress.another side, court also issued notice to SP of the district where she has filed case.
My query is that, the husband is not residing in residential place because he is working whole days in office.in that case post office can return the notice without serving and office will not receive notice because he is always out of office in day time.
in such circumstances, what will be further procedure of the family court that without serving proper notice what will be next step from the part of the court. wife side is very greedy to extorty money framing all false allegations.
please advice how to enlarge the procedure of the court so that, in the mead time husband will also be granted bail.
kinly advice.
ajay sethi
(Expert) 20 December 2012
.
if ssummons sent back court may order pasting at your address or direct substituted service .
even if he is working he must be having family members staying with him . they can accept service on your behalf . fight case on mertis dont go on techinalities .
Raj Kumar Makkad
(Expert) 20 December 2012
Service of summon to any adult member of theh family is sufficient to establish that the due notice has been given to the person concerned as per law.
Sundram N
(Querist) 21 December 2012
Dear Raj Kumar Sir,
Sir, As per your language, sumon is deemed to be served if given to any adult member of his family but i ask you that how the sumon will be said to be served properly when the family members did not receive beause,the accused is not residing with them in back 15 years. in that circumstances, it can be said that notice is issued but not properly served.
now the court once again if taken step to served the notice in residence of the accused where he is residing but the gate of the house is always locked and postmen returned the notice stating that door locked.
kindly suugest what is proper stand to be taken to take more time.further, the court has jurisdiction to issue the notice to the office address of the accused which will reduce his professionl prestige and his job may be lost.
Raj Kumar Makkad
(Expert) 21 December 2012
If the notice cannot be served upon to the addressee at his residential address, it can very well be served at his office as desired. Provide substituted address to the court and get the desired summon served.
Sundram N
(Querist) 22 December 2012
Sir,
What happened when the person is professional and giving consultancy services more than the corporate sector. in such cases, serving of notice by court to the known address by wife side will be deemed to served the notice to the person. i argue only for knowing the things about serving of sumon to the peson properly as per law. you know the trend of our society is going to waste day by day in that situation, husbnad side must take recourse to give proper lession so that money can not be extorted from innocent husband by misusing the law.
kindly advice.
