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MURUGAVELU D (PHARMACIST)     28 November 2014

Allegation of assault - notice in some other name

GOOD EVENING TO ALL THE MEMBERS,

The case is briefed as follows:

My name is 'M',

My wife's name is 'V', 

We are staying to about 400 kms away from my wife's native place.

My wife has four sisters and one brother.

My wife's brother name is 'Mu'

My wife's brother, who got married to 'P' on 20-04-2000 (approximate date), their marriage didn't go well , his wife left him after 6 months of marriage. She was staying at her parents home about 250 kms away from her husband's place. She gave birth to a boy child. They are living seperately for the last  15 years. Suddenly in the year 2010, she filed a divorce case, compensation case and an assault case in a court in  her native place..

The assault case is that : all the members of the husband's family had come to her residence, assaulted all her family members and immediately left to their residence. She has provided all the names of  her husband's sisters and their husbands, her father in law and mother in law. ( i.e my wife's name and all her sisters and my name and all wife's sister's husbands names)

Now a court notice is issued, to attend the court. this court notice is brought by a Policeman to my Father in law's residence. My Father inlaw has informed me through phone about this and also said that My wife's name is written correctly but  your name and address is not correct in the notice. i.e My name is M and the name in the notice is X, my address is Z and it is R in the notice.

I want some clarifications, please help me,

1) My name is M , in the notice it is X, should I attend the court ?

2) My address is Z and in the notice it is R. Is it acceptable to attend the court ?

3) The notice didn't reach me nor did I receive it, Should I attend the court ?

4) In the notice my wife's name is written correctly i.e V 's husband X, but  my name is M, is this acceptable ?



Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     29 November 2014

If you receive notice in your name and your present address only you can respond to the court other wise no. 

adv.raghavan (Advocate,9444674980)     30 November 2014

I totally agree with the above said counsel. Notice or summons should be in order, to make presence in the court, any deficiency in that will not stand test of trial. 

T. Kalaiselvan, Advocate (Advocate)     02 December 2014

Sometimes the clerical mistakes are ignored by the court and deem it to be a proper service of summon, better check it up through a local lawyer without appearing, to watch the proceedings in the court, suppose the court passes exparte order against you based on the service of summons, you may have to set it aside through a petition and then make the court clear that it is not you  and you do not have any concern with the case.

Sudhir Kumar, Advocate (Advocate)     27 January 2015

agreed with Mr Kalaiselvan.

MURUGAVELU D (PHARMACIST)     27 January 2015

Thanks to one and all, for your favourable replies.


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