Please advise if the summons sent by the famliy court, received by a family member (living at the same address) and not the defendant, is still a valid summon?
Krishna Ramesh (Self employed) 26 August 2010
Please advise if the summons sent by the famliy court, received by a family member (living at the same address) and not the defendant, is still a valid summon?
Arup (UNEMPLOYED) 26 August 2010
summons to be surved to the respondent.
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 26 August 2010
Yes it is valid service, in court no body will bother for such trifles. If you do not appear case will proceed against you.
Arup (UNEMPLOYED) 26 August 2010
on behalf of respondent, any other person may accept. if that person do not handover the summon to respondent and that person did not attend the court, again notice to be issued.
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 26 August 2010
Suppose on advise given above you do not appear in the court and no fresh summons is issued what you will do.
TAKE CARE.
Arup (UNEMPLOYED) 26 August 2010
pl adv what one common man should do?
really confusing.
1, It will be ex Partyed but under Family Law general thinking it is rare to get ex Party orders on simple 1 non served (technical) Summon issues as asked by author.
2. Even if it ex Partyed it can be re-opened so I fail to understand ld. members having so many major ifs and buts with one summon received that also by one of the family member (further that also in a civil case) but not by the actual Party (respondent) !
Gentl. this is not a criminal case where summon served to address is major issues in hand.
@ Arup ji,
There is nothing called "it is absolute that one should follow law" that also under Family law, had it been so then all Family law says "as far as possible maint. to be decided in 60 days" now is it being decided in 60 days and errant wife's being kept on docks for years together is the emerging fact ? Family law also says that a "divorce suit be decided in 6 months" so where all these wordings of Law books leads to ? The answer is in my files section kindly see title "Sources of Law vis-a-vis Law in Practice in India".