Date in court

Time to grow up before you both grow out of this relationship. Either you have to be mature, while your wife sounds quite kiddish in nature. Its a tala mela of sounds, both of you keep shouting, not easy to the ear. If one is shouting, another should be silent. Try this until it holds good. Then think about parting ways if you feel there is no way out.

Yes first you should be served with a proper notice by the Court (in which she has filed an application for maintenance) so as to appear before it. A mere informing you by your wife through email is not proper service, as she is bound to serve through Court and you should be served with the copy of the petition she has filed.

At this stage you need to file a restitution petition. A maintenance by a Court can be granted only if you have neglected your wife and over and above that she is not in a position to maintain herself. If you file a restitution in your city family Court then this will be a good ground for you to defend the maintenance case filed by your wife. 

Regarding maintenance case, you better appear in court on the said date, tomrw. And ask for time for appointing lawyer who could talk on your behalf in court of law.

Thanks you sir but the behaviour of her parents is also kiddish. Seems the whole family is in kop-bhavan. If there is any problem, then one has to qukly discuss and resolve it rather than let it become nasoor. Now we never ever did anything to her... always took care of her needs. Now every1 knows that the initial 1-2 year of the marriage is formative time and when both partners need to understand. Is this behaviour justfied? I always tried to help her.. she wanted to join courses.. I paid for it.. she wanted to not do job... in my limited income.. I was ok with it... she said she wants to give expensive gifts on the birthday for all HER relative, I paid for that as well.. we go out for movies every month... eat out.. live with my parents who used to share the household work. Now what to do? Please believe me that I did everything that a husband should do to keep happy... maybe spoiled her too.. but now what?

Kindly answer my question also. Now that she has already filed a case it seems... pls pls guide me as if I need to go I need to start by tonight itself. If there is a case, and I dont go... due to absence of formal summons from court... would it go against me? specially since she has already sent an email to me which has no scanned attachment nothing just the name of the court, judge name and timing?

Sir you dont need to. The Court does not check her email for service report. Rather it checks its file for the service report of the notice sent by the Court. 

Rather I suggest first thing you should do tomorrow is consult a lawyer and file a restitution petition.

more confusion :(

Sir Helping Hand! Sir Bashista! Please guide as per law sir. I just can't disappear from job if this is a mischief from my immature wife.

Thank you sir Bashista... i got your your point regarding court maintained file. thank you very much .. I'll do as per your advice as soon as possible.

OK. See as per law there is a proper procedure as per which a notice is issued and served upon a defendant. A case for maintenance filed by a girl is generally filed under Section 125 of Cr.P.C or under the DV Act. Both are filed in a family Court.

When a Court is in receipt of any such application by a girl the Court takes cognizance by way of issuing a notice to the boy. When such order is passed by the Court the petitioner is bound to file a process fee. When a process fee is filed the Court sends a copy of the application (which the girl has filed) to the boy with a covering page of the Court i.e. the take notice page in which the name of the Court, date of filing of the case and the date on which the boy has to appear before the Court is written. And this notice is sent by such a way by which a proper receipt of notice can be taken, such as registered AD etc. When the boy receives it he signs the receipt and acknowledges it. This acknowledgment is placed on case file of the Court. Till the time this acknowledgment does not come on case file the Court cannot proceed further.

Now lets assume a situation that your wife goes to the Court and shows her email that she has informed you about the hearing. Now the question is can the Court proceed? The answer is NO.

I give you a small example. There are situations when a Indian couple is staying outside India. The girl comes back to India alone and to panic the boy claims to have filed a divorce in a Court in India and sends an email to the boy that tomorrow you have to appear before so and so Court in India, Now you just think what is the authenticity of this email information?

I hope now you have understood what to do and what not to do. 

Thank you sir for explaining in detail once again.