court summon - no record 498a

If the summons is issued by the court of civil judge senior division, it is the summons of a civil suit/ petition and can never be a criminal case. A civil judge senior division can try only civil cases and not criminal cases. Appear in the court on the given date along with your lawyer.

No need to go for bail in this matter, it is a civil case.

Thanks Madam for your advice but why the wife of my brother would file a civil case against all us family members including married sisters residing in multiple addresses. Summon heading reads as add. civil judge civil division but we are confuse as if a divorcee case or maintenance case being filed then it would not have the name of all family members. Pls advice

498a fighter, you see the summons properly, the type of case is written on the summons itself i.e. HMP No.....or special civil suit no...... from that you can get a bit idea. You say that she has made your sisters also a party, so one thing is possible that if your brother has any child, then she might have filed a partition suit in respect of any ancestral property on behalf of the child to secure his/her interest and so made all the sharers a party. I am just talking about possibility........The actual fact can be known only when you / your lawyer go to the court on that day. But be sure, there can be no criminal case of s.498a in the court of civil judge senior division...  :)

Dear Archana Ji,

Thank you indeed for your reply. Yes my brother has a child which is 1yrs old and is with his wife in Mohali. The summon name as my brother name Vs His wife name and we all family members are being made party on summon.

Can she claim a part on the properties own by my father and mother? My brother has not visited us for 5 yrs and had been in UK, his wife was also there for many years but due to differences not going back. Pls advice what precautions we should take to avoid this? If my mother/father does not want to give anything to the girl or child, can law force them?  

Many thanks

Considering the demerits & misuse of Sec 498A, The government has tabled for final decision  the recommendation & amendments there off. Hence it is expected that the family members will be at a better off position, than it was in the past.