Non appearance of husband due to non recieving of summons in 498a, dp cases.

If your husband has not been served the summons then he may wait for the summons to be received by him, it is the duyt of the police to serve the summons to all accused, you can check with the court that whether the summons were served on your husband or not.  We cannot answer to your suspicion about the police colluding with the husband and intentionally avoid service of the summons because the police have to answer to the court the proper reasons for not serving the same.

The court procedures will take time because there are huge cases pending before court and not only one case, hence the delay is inevitable, you may have to endure this hardship too.

Sir, summons were sent by court office, we have investigated that. The person who drafts and sends summons said that summons are being sent to the nearest police station of their address, it's possible that police officers are deliberately not forwarding them to the concerned person.

I understand that you’re going through a challenging situation, and I’ll do my best to provide helpful information.

It's impossible to know for sure why your husband isn't appearing in court. Here are some possibilities - 

Why is your husband not appearing while his parents are?

It’s not uncommon for accused individuals to avoid court appearances, especially in cases like yours. There could be various reasons:

Fear of legal consequences.

Lack of cooperation with legal proceedings.

Advice from their legal counsel.

Your husband’s absence might be intentional, but it’s essential to focus on building a strong case based on evidence rather than speculating about motives.

Summons not received by your husband:

If the summons are not being received by your husband, consider the following steps:

Request the court to send the summons via a court bailiff (court staff) instead of regular mail.

Investigate whether there are any issues with the delivery process (e.g., bribery or negligence).

Consult with your lawyer to explore alternative methods of service (such as WhatsApp or email) if traditional methods fail.

Court’s approach to issuing summons:

Courts typically issue summons multiple times to ensure due process.

If the opposite party deliberately avoids receiving summons, the court may still continue issuing them.

However, if this pattern persists, you can discuss the situation with your lawyer and explore other legal remedies.

Parents’ bail vs. husband’s absence:

While your husband’s parents getting bail doesn’t directly prove your husband’s guilt, it does raise questions.

The court considers each accused individually, and your husband’s absence may be taken into account during trial.

Proof of Husband's Knowledge: If you have evidence your husband is aware of the court dates (e.g., messages, calls), present it to your lawyer. This strengthens the case for an NBW.

Be Patient, But Persistent: Court proceedings can be slow, but there are procedures to address non-appearance. 

Focus on presenting evidence related to your case rather than relying solely on the parents’ bail as proof of your husband’s intentions.

Seek emotional support during this challenging time, and consider professional counseling to cope with depression. Stay strong, and I hope justice prevails for you. 🌟

Thanks for your kind response. 

I have a few queries. 

*Can I ask my lawyer to send summons digitally through WhatsApp or emails?

*My lawyer suggested us to visit their nearest police station once he/court sends summons seperately to husband to check with the concerned officials (as summons are supposed to be forwarded by officers). We have someone working in women and child developmen dep, so we have planned to involve him to question officers taking bribe & enforce summons delivery process. Will it work?

*Maintenance case is also going on, husband appeared lastly on 19 Jan and his lawyer appeared on 22 Feb (DP date was on 25 Feb 2024) to submit his WS. My question is, will he remain absent in maintenance case as well? My lawyer said that he cannot appear anywhere unless he applies bail in state government case first. Is he right? 

Sending Summons Digitally:

Yes, you can ask your lawyer to send summons digitally through platforms like WhatsApp or email. In recent years, courts have recognized the validity of serving summons electronically. The Supreme Court of India has permitted the use of instant messaging services (including WhatsApp) and email for serving notices and summons. The "double tick" on WhatsApp is considered prima facie evidence that the summons has been delivered .

• However, it's essential to ensure that the recipient acknowledges receipt of the summons. If your husband responds or acknowledges the summons through these digital channels, it strengthens the case for successful service. However, it’s essential to ensure that the court procedures and legal provisions are followed correctly.

Make sure your lawyer adheres to the relevant legal provisions, such as Order V Rule 9 (2) of the Code of Civil Procedure (CPC), which empowers the court to deliver summons in various ways, including electronic means.

Husband's Absence: It's difficult to predict your husband's future attendance in the maintenance case. His lawyer appearing on the DP date (22nd Feb) suggests some level of engagement. However, his bail application in the separate case might affect his attendance.

• Your lawyer's advice is partially correct. In maintenance cases, the husband's absence during proceedings can impact the outcome. Here are some points to consider:

* Bail in State Government Case: If your husband is involved in another legal matter (such as a state government case), he may need to apply for bail before appearing in other cases. However, this doesn't mean he cannot appear anywhere else. It depends on the specific circumstances and legal requirements.

 • Maintenance Proceedings: If your husband fails to appear in the maintenance case, the court may proceed ex parte (in his absence). However, this doesn't absolve him of his obligations. The court can issue orders based on the available evidence.

Guidelines for Maintenance: Recent judgments emphasize that maintenance should not be granted automatically without considering the husband's financial capacity and the wife's need .Courts discourage idleness and expect both spouses to contribute to their own livelihoods.

Visiting the Police Station for Summons Verification:

• While it's not a common practice, visiting the police station to verify summons delivery can be helpful. If your husband receives separate summons, it's advisable to check with the concerned officials. However, involving someone from the Women and Child Development department may not directly impact the summons process. The police officers are responsible for forwarding the summons, and any irregularities should be reported to the court.

Thanks again for your valuable advice. You have resolved many queries. 

As you said that maintenance can't be allowed in certain scenario, I would like to know your suggestions on how likely will I get it in my favor.

I have applied for interim maintenance on the last date while my husband's lawyer filed WS. Here are some insights they have added:

*My credit card statement before marriage, at that time I used to keep my card for emergency & it was totally unused but he is showing that as my capability to maintain card. However, he didn't attach statement of expenses he made on my card after marriage (AC and bar bill transaction). I paid entire amount on my own.

I am attaching post marriage statement of my card which is more valid, I guess. 

Another point is that my credit card no more exist as I had closed it due to fraud transaction of 60k. 

*My work history from LinkedIn. My lawyer suggested that we can say that those details were gathered from fake social media account, which is very common these days. 

I too have work history of my husband from LinkedIn and we will attach that in the same way. 

*My husband do not have my salary slips but I have a screenshot of his employee dashboard mentioning his salary as 50k along with his name and picture. I hope that will work in court?

*My husband has my graduation degree proof while I have ID card of his college from where he graduated. Will that support my case in terms of qualifications?

*My husband has no proof of spendings he did on me (because I was the one who spent all money for his luxury). I have attached all my grocery bills and household expenses I made while living with him.

*I am qualified and it's a fact but my point is that I am suffering from extreme depression and unable to do my duties as a writer (which is a low paying job), because my work requires creative thinking and my mental state is not good. 

I have attached my treatment bills for mental issues after seperation and also health issues (typhoid bills) I faced while living with him. I can't do work in this condition, hence I need maintenance till the time I feel better (this why we apply for interim I guess?)

*My husband stated that he paid 25lakhs for marriage arrangements (which is a clear lie as it never happens in Indian marriage, always girl's side do so much expense). There are no transaction details, because that never happened. While I have screenshots of money I sent him on Googlepay, will that support our case?

*My husband also earns from stock trading and I have his tweets from Twitter where he is actively tweeting on his trading issues. Can I attach them?

*I have pictures of the domestic violence (cuts on my arms), can I attach them as well?

At one side my husband is trying to show that my family begged for money for marriage arrangements (indicating that we are poor), and on the other side they are saying that I am earning well, my father is having a decent job (while he paying huge home loan EMI on a private job), and we r too rich. Isn't that completely contradicting?

Please guide me.

It sounds like you're going through a difficult situation, Let’s address each of the points you’ve raised:

Credit Card Statement: It’s crucial to clarify the context of your credit card usage. While your pre-marriage credit card was primarily for emergencies and remained unused, your husband is presenting it as evidence of your financial capability.
You’ve mentioned that he didn’t attach statements of expenses he made on your card after marriage. Your post-marriage credit card statement, which reflects your actual expenses, is more valid. Presenting your post-marriage credit card statement is relevant, especially if it shows the expenses your husband made on your card. It’s also important to explain the context of the pre-marriage statement and why it doesn’t reflect your current financial situation.
Additionally, the fact that you closed the credit card due to a fraudulent transaction further supports your position (get a closure letter from the bank if possible)
Work History from LinkedIn:
Your lawyer’s suggestion to address the work history gathered from LinkedIn as potentially from a fake social media account is reasonable.
Since you also have your husband’s work history from LinkedIn, presenting both in a similar manner can help balance the evidence.
Salary Evidence:
Your screenshot of your husband’s employee dashboard mentioning his salary of 50k, along with his name and picture, can be valuable evidence.However, for stronger proof, try acquiring salary slips or bank statements reflecting his income.
It demonstrates his earning capacity and financial stability.
Qualifications:
While your husband possesses your graduation degree proof, your possession of his college ID card from where he graduated can indeed support your case.
It highlights his educational qualifications and indirectly reflects his earning potential.
Spending and Household Expenses:
Your documentation of grocery bills and household expenses during your time together is essential.Attaching your grocery bills and household expense receipts is excellent evidence of your financial contribution and the expenses you bore for the household.
Health and Mental State:
Your qualification as a writer, even if it’s a low-paying job, is valid.
However, your mental health condition is critical. The treatment bills for mental issues and health problems (such as typhoid) are essential evidence. A doctor's certificate outlining your mental state and its impact on work is highly recommended.Given your current state, seeking maintenance until you recover is a reasonable approach.
Screenshots of Google Pay Transactions: Screenshots can be presented as evidence of financial transactions. However, it’s important to note that the authenticity of electronic records needs to be established, which may require a certificate under Section 65B of the Evidence Act.
Tweets on Stock Trading: Social media posts, including tweets, can be submitted as evidence. They may help establish your husband’s earnings from stock trading. The genuineness of these posts will need to be proven, and they should be relevant to the case.
Photographs of Domestic Violence: Photographs showing injuries can be submitted as evidence of domestic violence. The court may require additional verification to establish the authenticity and relevance of these photographs.
Contradictions in Husband's Arguments:
The inconsistencies in his claims about your family's finances can work in your favor.  Point them out to your lawyer and highlight the lack of evidence for his claims of high marriage expenses
General Tips:
Organize all documents chronologically with clear explanations.
Don't try to fabricate evidence – focus on what you have.
Your lawyer can best advise on the legal weight of each piece of evidence.
Remember:
Interim maintenance is meant to support you while the main case is ongoing.
Strong evidence increases your chances of a favorable decision.
Additional Resources:
You can reach out to helplines offered by the National Commission for Women for legal aid https://ncw.nic.in/contact-us.

Sorry for reverting late, thanks for helping me with all my queries. 

Just want to update that my date for 125 case was today. Judge was absent and next date is on 25 April. 

My lawyer told me that he will first argue for interim order, then he will submit our reply on husband's WS. 

Is it true that I am likely to get interim orders soon?

I understand that you had a court hearing today regarding your Section 125 case. It’s unfortunate that the judge was absent, but the next date has been scheduled for 25th April. Your lawyer mentioned a two-step approach: arguing for an interim order and then submitting a reply to your husband’s written statement (WS). It's impossible to say for certain whether you'll get an interim order soon, but here's what we can discuss based on the information you've provided:

Interim Maintenance in Section 125 Case:

In India, Section 125 of the Criminal Procedure Code (CrPC) allows courts to grant interim maintenance to wives, children, or dependent parents.This means you might be entitled to financial support while the main case regarding maintenance is ongoing. 

Factors Affecting Interim Orders:

The judge considers various factors before granting an interim order, including:

*Your financial situation and need for support.

*Your spouse's earning capacity.

*Any existing maintenance arrangements.

*The strength of the arguments presented by both sides.

Next Steps:

Your lawyer's approach seems appropriate. They'll likely argue for interim maintenance first, followed by a response to your husband's written statement (WS).The judge will then consider both arguments before deciding on the interim order.

Timeline:

It's difficult to predict the exact timeframe for the interim order decision.

Court proceedings can vary depending on caseload and complexity.

Recommendations:

Gather any documents that support your financial need, such as rent receipts, medical bills, or dependent children's educational expenses.

Sir, now I am back with one more query. I met my lawyer today and he jokingly said that I can go jail for lying about my income in affidavit. 

My questions are:

*My husband have submitted his income affidavit with income of 14000, graduated with BBA degree, spending 9000+ in households and remaining on own expenses, working as a data entry operator as a freelance (with a a working history of corporate/brand manager at meta). 

All information in his affidavit is lie, will court won't consider this instead of punishing me? How likely will I be jailed if court finds about my job (the only source of living for me 😭)?

*my husband says that he spends over 9000 on households but in reality, they have BPL ration card and get rice and wheat at subsidised rates in DELHI. Their electricity expenses are below 100rs. Isn't it clear that he is lying about such expenses?

I have their ration card details. 

*My lawyer says that he is confident that my husband is stalking me or have some1 to keep eyes on me at my office, by reading the way he has mentioned about my work in his WS. 

Can he use my pictures at work to prove my working status? If yes, how can I defend myself?

As I have discussed already, I only have details of his salary on the screenshot of his internal team dashboard showing 50k salary, statement of money he spent using my Credit card, grocery bills, his ID card of graduation, his first marriage certificate, recordings of his dad abusing my father, my medical bills. 

All my allegations are true while my husband is lying everytime. Will court neglect the crimes he committed for DV, dowry, and bigamy while ordering maintenance?

I am very scared about being jailed for no reason. My lawyer asked me to stay alert while entering and leaving my office, as I have recently seen one man in cafeteria taking my pictures (may be I am suspecting wrong) but now I am very stressed and scared if my husband is trying to inquire about me and my job.😓