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Geo (Executive)     15 June 2014

Not getting summons

Hi -

My wife has filed divorce case on me and DV case on my parents n relatives at different points of time in last 1 year. Interestingly for both cases, me and parents have not yet received summons from the court not even once (but my relatives have recived it for DV case).  But I see that the court dates are getting pushed with status 'Return of notice summons'. My advocate advised me not to do anything as i havent received any summons. However my advocate does attend the DV case on behalf of my relatives every time.

1) Need to know if this contiues for few more hearings, can the order be passed ex-parte?

2) If yes, then what options I have?

3) Do i need to proactively attend hearings even if summons not issued to me?



Learning

 9 Replies


(Guest)

No don't even come in picture if summons is not served on you. Just stay away from those things. It is good for you and bad for your wife. I am assuming you are living abroad.

Laxmi Kant Joshi (Advocate )     15 June 2014

Yes, go and attend next hearing of your dv case otherwise court passes exparte order and you will come under trouble.

Geo (Executive)     15 June 2014

Dear Jon - i m not living abroad but in same city. Dear Laxmi kant- as i mentioned tht in DV case me n my parents havent been served summons yet but my relatives have been served. So my advcate has drafted reply fr dv case and is attending hearings. Reg divoce case we havent been issued summons yet and 4 hearings already gone. Pl suggest as per my questions as i hv asked above. Thnks very much fr your response sirs.

Dr J C Vashista (Advocate)     16 June 2014

Just wait and watch, do not mark your attendance till you are served with notice/summon.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     16 June 2014

Domestic violence usually does not occur suddenly or in an isolated context without warning signs. Any how becareful against any women.

K.K.Ganguly (Advocate)     16 June 2014

1. Immediately start attending the hearings to contest the case and inform the Court that you have not been served with the Summons,

 

2. One my client has got an ex-parte divorce decree from Tamluk district Court. On enquiry he found that his father in law, who himself  is a lawyer & the local MLA, has managed the Court officials who showed that the Summons were issued but my client did not atend the Court, The ex-parte decree was managed within 75 days from thedate of filng the divorce case,

 

3. Engage a local lawyer having expertise in yhis filed.


(Guest)

I would still suggest don't even step up until you are not served summons. The issue enlisted by Adv. Ganguly is rarest of the rarest when something like this would happen. Even if that happens then you can always ask court to investigate the matter right away. You are already keeping an eye on proceedings then why do you want to submit yourself to court until you are not served.

Biswanath Roy (Advocate)     17 June 2014

SUMMON IS A DIRECTION OF COURT.  in any court proceeding you cannot abruptly interfere with it.. Some times some scrupulous party by managing bailiff of the court and postal peon could able to show that summon was hanged on the wall by the bailiff and the postal summon was refused, even then if for such reason  ex-party order is made by the court then that order also can be challenged before the higher forum on the ground that reasonable opportunity of being heard was not given and that was neglected .  However , I advice you to instruct your Advocate to check up the case records whether or not any summon has been issued in your name.

T. Kalaiselvan, Advocate (Advocate)     18 June 2014

Since you have already engaged an advocate, you may ask him to follow up with the court about the service of summons to other respondents without entering appearance for the persons who have not been served with the summons.  On knowing the fact of some foul play behind the screen against you all, you may involve yourself by participating in the case proceedings accordingly.


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