Refusal of accepting court summone
deepak bansal
(Querist) 02 December 2017
This query is : Resolved
I( Suman Agarwal) have filed a case of dowry against my husband in my bharatpur district.in personal hearing given by ADR court, my husband demanded a time of 01 month and ADR committee gave him 01 month time period for change of behaviour but in this time period he filed a case against me in Madhyapradesh court. Summons from court came to our home but my mother denied to accept it.
Q.1 what will happen in this case?
Q.2 Is it will be necessary to go Madhyapradesh as i have a child aged 3 yr and i have already filed a case in bharatpur?
Vijay Raj Mahajan
(Expert) 02 December 2017
You can file a Transfer Petition under section 25 of the Civil Procedure Code in the Supreme Court for transfer of the case from the Madhya Pradesh district court to Bharatpur district court on the ground that with small child of 3 years travelling to far off district/state will not be possible for attending the court case and your already filled case in Bharatpur district is pending for which your husband has been attending there in the ADR court.
The case from Madhya Pradesh will get transferred to Bharatpur district court and you can manage both cases at your station.
P. Venu
(Expert) 02 December 2017
The summons will be considered to have been duly served upon you. As such you can appear in the court concerned either in person or through an advocate. Your absence could lead to the case decided ex-parte.
If the matter pertains to divorce proceedings or any related matter, you have the option to file the transfer petition as suggested.
Dr J C Vashista
(Expert) 03 December 2017
Refusal of receipt of summons by an adult person in the family is "proper" service. The Court shall proceed with the case.
If you want to contest the case filed by your husband you are required to appear there only, till the time the case is not transferred from Madhya Pradesh to Bharatpur by Supreme Court, which is allowed in very exceptional circumstances now-a-days i.e., normally not allowed.
Sudhir Kumar, Advocate
(Expert) 03 December 2017
denied to receive summon ------------- so sommons stands served. Ex-parte proceeding scan now be taken.
Sudhir Kumar, Advocate
(Expert) 03 December 2017
Q.2 Is it will be necessary to go Madhyapradesh as i have a child aged 3 yr and i have already filed a case in bharatpur?
You are not describing what case it is so no useful view an be formed.
