Legal Techie (Men's Rights Activist) 08 July 2008

Received unsigned petition with summon

Hi friends,
I just received a summon from the court for the hearing of a maintenance case (125 Cr.P.C.) filed by my beloved wife...
Along with the summon, was attached a copy of the petition filed by her and a copy of the affidavit (submitted along with the petition).
But what's surprising to me is that there is not a single human signature on neither the petition, nor the Affidavit. Only the summon bears the Magistrate's signature.
Is it normal? How can a petition copy be sent by the court of law (officially) without a single signature on it? Any pointer on this by the experienced advocates?
In case this is not normal, what steps can I take to bring this to notice of the magistrate, or can I put this as a counter point in my objection?

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5 Replies

podicheti.srinivas (advocate/legal consultant) 08 July 2008

the petition which is filed in the court by your wife will contain her signatures on the documents.or else it will not be numbered.it is not abig mistake to bring to the notice of magistrate.service of summons was for your appearance in the court if you dont appear in the court the court will issue warrants and procure your attendance with the help of police.so i hereby advise you to appear before the court on the day of your appearance along with an advocate.

amit gupta_lawyer (lawyer) 08 July 2008

first there is no need to sign the copy sent along with summons, its quit noramal to recieve unsigned copy along with summons the signed petition must befilled in the court so plss appear before the court on the given date mention on summons.

Legal Techie (Men's Rights Activist) 08 July 2008

OK Mr. Amit... Got it!

But the question still bothers me, isn't the copy sent with the summons a xerox copy of the petition that is filed first with the court? Or is the summons issued before filing the petition itself?

Because, ideally the petition & the affidavit is immidiately signed by the advocate & the client before submitting it to the court... In that case the copy sent should also contain the same signs (xerox copy)...

Can you please correct my understanding?

K.C.Suresh (Advocate) 09 July 2008

Hai Victim, There is nothing there to astound you when receiving an unsigned petition and affidavit. You have to obey the summons. You will get a signed copy of the said documents from the court if wanted so. It may either signed by the counsel of your wife or herself. You need require any remedy beacuse there is no harm doen to you by the judiciary. You won't be benefited this matter if you point it in your counter affidavit. Best of luck

Kanhaiya Singh (Advocate) 10 July 2008

It is a usual practice in Law Courts to summon a party with the seal and signature of the Court cocerned over the form of summons only.The copy of the petition attached therewith is to be signed either by the party or his/her counsel. You should appear in the Court concerned on the date fixed in the summons. You may claim thereafter for copy of the said petition dully signed by the party or the advocate.