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I_love_India (Owner)     10 September 2012

3 summons missed (unknowing) - how to postpone next date?

I got married 2003 hoping for a good wife and family after some bad personal experiences.
Marriage turned out as a nightmare: Wife was depressive, even turned out as schizophrenic and threatened every now and then to commit suicide.

Being aware of the consequences I did not dare to go for a divorce and just let things go until 2007 where my wife and me agreed for a legal separation. I left the  joint house in 2008 only not standing the harrassment with the family anymore.

In 2010 we set up with help of the court a mutual agreement for the divorce. I had to pay 2 lakhs yet which I did not have at this time.

Unluckily I did not get handed out the court document by the lawyer and missed out that the contract was valid only for one year.

Last week the mutual lawyer sent me first time after 2010 a mail informing me that

I missed already 3 summons (which I did neither receive nor get to know)

and I have to show up end of September  in the court otherwise I will go behind bars.

 

  1. What can I do without high costs getting the date postponded to November?
  2. How do I prevent getting punished for not showing up in the court?


I am presently sick, staying abroad and also do not have the money to travel at requested date.

I meanwhile understand that getting this marriage (we never had intercourse) anuled would have been the best option. But in 2010 I was told that this might decades.

Any advise how to bring this nightmary story to an end is highly appreciated!


With best regards and lots of thanks in advance,

a hopeful fellow-man

   


Learning

 4 Replies


(Guest)
First of all you are not clear regarding which case you are attending. Whether it is divorce petition or criminal case for dowry. If it is divorce case, you will not go behind the bars. If it is criminal case for dowry, the step will be for evidence. Whatever the case may be you just simply inform your advocate to take date, he will take date, provided, you say proper fees. Dont worry about date.

Prashant Ghai (Advocate) (PrashantGhai.com)     11 September 2012

Yes, kindly elabiorate the kind of case which has been filed and related detials for us to advice you on it.

JANAK RAJ VATSA (ADVOCATE)     12 September 2012

you will not go behind bars in the mcd case. i understand it must be the mcd case which you both started and thereafter you had left it wihout paying the alimony.

I_love_India (Owner)     17 September 2012

Case was based on a petition and mutual agreement in 2010 which stated on 1.5 lakh to be paid yet. Documents I received from my lawyer did not contain any due date. Now he says contract was valid for 1 year only and I missed already 3 summons.


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