Summon served in the name of managing director in case of 125 of maitenance.
Sundram N
(Querist) 29 December 2012
This query is : Resolved
Dear Senior ,
Kindly advice that the compnay is making plan to take resignation from the husband who is fabricated in 125 and 498a due to knowing the fcats by the company through the summon served on MD and CEO that the husbnad employee is implicated in 498a.
sir, advice that if court has served the summon wrongly on MD and CEO as the section 67 state that the sumon to be served throgh megistrate in which jurisdiction, husbnad is residing so why the sumon issued on MD/CEO and what is intention of the court. i want to know that opposit party influenced to court to issue the notice to the MD/CEO of the company so the job may be lost of the husband.
NOW, i want to mention here that husbnad can claim that due to summoning wrongly to the managing director, job of the husbnad is lost and now he can ignore to pay any maitenance to such wife who implicated in such case and the job is lost.
kindly advice.
Devajyoti Barman
(Expert) 29 December 2012
Yes this issues can be agitated in the court. The summons should not have been issued through MD in the first place.
ajay sethi
(Expert) 29 December 2012
even if husband is unemployed he is bound to maintain his wife . the fact that you were a decent salary in past will be taken inot conisderation by court as you can easily get another job with your qualifications and experience
Raj Kumar Makkad
(Expert) 02 January 2013
MD and CEO may raise objections or wrongly summoning them but not the husband even if he has lost his job due to this act.
Sundram N
(Querist) 03 January 2013
Dear Raj kumar Sir,
Can husband take any leagal action against court or wife side that due to issuing the summon to MD or CEO, the job of husbnad is lost and he has been suffered his reputation and goodwill of his profession as well as earning.
kindly give your proper stand to be taken by husband.
ajay sethi
(Expert) 03 January 2013
dont antagonise the court ever . you can point out to court that summons wrongly issued in name of MD . similarly dont indulge in another bout of litigation with your wife . you will only increase your legal fees
Guest
(Expert) 03 January 2013
Dear Sundaram,
Don't try to be over enthusiastic to initiate legal action against court, as a vital question would arise, what your own advocate had been doing if the court or the other party proposed to issue summons to the MD/CEO of the company instead of the party (employee) concerned. Mind it, if your advocate has erred somewhere that was your own attorney to act on your behalf and that way you also become responsible for not being alert in the case, if you or your advocate had already been aware of the case or attended the court of law in that case.
If not already been associated with the case to attend the court of law, better hire services of some capable lawyer and just bring the mistake in to the notice of the court and get the summon cancelled in the name of the MD/CEO.
Raj Kumar Makkad
(Expert) 03 January 2013
I shall go to the extent the advice given by Ld. Dhingra g but definitely I can advise you not to open a new front at this stage when you are already in a vital problem of facing the matrimonial cases which even affected your employment. Legal battle is not always smooth. It requires peaceful mind and thoughtful actions. Any step taken in haste may further spoil your chances in the ongoing cases.
Forget this incident and confine to your cases with full trust over your lawyer.
adv. rajeev ( rajoo )
(Expert) 29 December 2012
