pt (swlf) 16 January 2014

Maintenance case notice not received by the boy the

Dear Sir,

We are fighting for my daughter whose husband and family has tortured her a lot for their dowry demands.....after they did not change after family negotiations ...we went to court and FIR is lodged against them and they have got bail too...... We have also made a section 125 case but the boy lives in gulf country and he has yet nor received the notice of 125..... I have checked on Indian post website and it says its delivered but no acknowledgement is received in family court so the judge is saying that he will take it as received and asked to send it again. However he also filed a section 9 case in his defense in his hometown and we went for that case too...there he came and we submitted our repply where we have mentioned in writing that there is 125 case filed against him and the peshi date is on so and son.

Will it be taken as proof of delivery....(TAMILI in hindi lagal language) ???

Why court cannot send FAX / email in such cases because the matter gets delayed.

Please advice

Thanks

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3 Replies

victim need help (HOUSEWIFE) 16 January 2014

This is a very common tactic used by these culprits and their lawyers. Request the judge of 125 case to order for "dasti" summons. Then u can handover the summons to the guy in the presence of the other case judge. Take the certified order of the case where his presence is marked to show to the judge of 125 case. Otherwise u will waste years in just service of the summons.

T. Kalaiselvan, Advocate (Advocate) 16 January 2014

As you are aware of the next date of hearing of Sec 9 case in other town, you may by an affidavit request the court conducting trial u/s 125 to direct the service of summons to his local address of that place which is last known address or get a hand summon and serve the same in person in front of the judge while appearing in that restitution case, he cannot refuse the same then, if nothing is working out you may seek for substituted service of notice by publishing in local newspaper and get an exparte order in case he does not appear even after that and initiate further legal process on the subject thereafter.

SACHIN AGARWAL (ADVOCATE) 16 January 2014

You can move an application along with an affidavit to the effect that the summon / notice were sent at the correct addresses of the guy after one month period of sending the summon / notice and to deem the service of the summon sufficient. The Hon'ble Supreme Court has also hold the same in UOI V/S JANKI MAHTO 1996 (I) APEX COURT JOURNAL Page 380 (SC).

Maintenance case notice not received by the boy the

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