refusal of summons
raj99
(Querist) 10 January 2010
This query is : Resolved
Dear learned counsel,
my sister got married in 2001.Her husband work place is mumbai.After 6 years of married life she left her husband because of cruelty and staying with us.We filed a case against him under DVC ACT.The court has summoned the accused.But he repeatedly not accepting the summons.What we have to do to serve the summons to him?
Arvind Singh Chauhan
(Expert) 10 January 2010
Mr. Raj you didn't mentioned that whether summons are returned unserved to court or not, is there any report on summon when it returns.
Adv ramesh chheda
(Expert) 10 January 2010
let me explain u various remedies available, which are as under:
a. first of all in dv case, notices are issued and not the summons. Now if the notices are given to u for service, then u can send it through regd A.D. or can serve through local police station upon the Respondent.
if service is made through , postal department, then look for the acknowldgement and the report of the postal dept. if in their report they say that the respondent declines to accept then it amounts to good service and then present that report before court and make an application for exparte hearing in u r case. or ask for issue of warrant.
now in another alternate if the service is done throught the local police station then they will issue their report as about service of the notice upon the Respondent. if they say that the service is made upon the Respondent then again same, apply for exparte hearing but if they say that respondent declines to receive in such case, it amount to service and u cn file appln for exparte hearing. U can also take further actions ag him for causing obstruction in the proceedings of judicial proceegings.
and suppose for any reasons , police is filing false report in such a case u can take actions ag police dept also .
but if address is not correct in such case, u will have to give new addres but if the address is correct last known then if notice is not served then u will have to get it published in local newspapaer.
Sukhija
(Expert) 11 January 2010
Adv ramesh is right
aman kumar
(Expert) 11 January 2010
ramesh given full answer !agree
Y V Vishweshwar Rao
(Expert) 11 January 2010
It is better to accompany the police for service on the respondent . You will be personally knowing the situation at the time of actual Service of Notice and regarding the report of the police - or -incorrect address - or- refusal by Respondnet- and to know the new Address! It will be assiting the Police and to also speed up the Service of Notice !
K.C.Suresh
(Expert) 11 January 2010
Hallo Ramesh you have given a detailed and completed answer. Good.
