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Reply Through Registered Post to Civil Court

(Querist) 19 February 2010 This query is : Resolved 
Que:1.Husband received summons from Senior Civil Judge Court for restitution of Conjugal rights, can he instead of appearing in person send his reluctance through Registered Post to the Respective Senior Civil Court and instead File Divorce Suit in the Principal Family Court?
Raj Kumar Makkad (Expert) 19 February 2010
As per procedural law, he cannot send such letter rather if he wish can file any other case as you indicated in the quarry without intimating any court.
B K Raghavendra Rao (Expert) 19 February 2010
If husband has received summons, he has to appear before the court and answer the queries. If he does not appear, he would be the loser. He will have no voice to air in the court. He cannot plead his defence. Definitely, he cannot send a letter to the court.

He is at liberty to file divorce suit independently.
adv. rajeev ( rajoo ) Online (Expert) 20 February 2010
When summons are served on him it is his duty to appear before the court, otherwise he will be placed as ex-parte.
We had a judges who use to accept the written statements sent thru., regd., A.D. by the dependants to the courts.
Kiran Kumar (Expert) 20 February 2010
there is a set procedure for court hearings.

courts are not pvt. organisations which can be dealt through pvt. postings/letters.

the person who is summoned is supposed to appear in person or through his lawful attorney....

such a reply if has been sent is illegal and disgrace to authority of the court.
Arvind Singh Chauhan (Expert) 20 February 2010
I do agree with all above seniors.


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