Rejecting of summons from family court

Originally posted by : Nilofar Abdul
	This is Nilofar and married at july 31. He is torchering me when i was carrying a baby at 4th month. I left my husband and living with my parents. In between he came to my house and beated me. We have filed a complaint against him and he got many beatings.. I felt bad and got the complaint-wapas. now he send summon(post courier) from the family court. i dont know what is written inside but we returned. As I was pregnant and next month is my delivery date. so that i could not go to court and wait for long time. I should get rid of this problem till 5months. so that it would be helpful for my child. what to do now.. Please suggest some idea? failng to deliver the summons from family court is good rather than reaching the court?

Nilofar Abdul,

Avoiding taking summons will have negative impact on your case.  As you are not in position to go to court as you are carrying you ask someone to contact a advocate or give POA so that someone else can go to court on behalf of you and convey what you want to convey.  Not going to court at all will let the case go exparte, if it is divorce case, then divorce will be granted sooner or later.

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Sir, Thank you for your repply, Whatever it might be, for few months i should live happily its for my baby's welfare. Iam pressurizing myself because of this. If it is the divorce case let it happen. I will take care of my baby and if i took this problem now will have a negative impact in my professional life also affects a baby. does this rejection of summon will make him to raise other complaints?

Originally posted by : Nilofar Abdul
	Sir, Thank you for your repply, Whatever it might be, for few months i should live happily its for my baby's welfare. Iam pressurizing myself because of this. If it is the divorce case let it happen. I will take care of my baby and if i took this problem now will have a negative impact in my professional life also affects a baby. does this rejection of summon will make him to raise other complaints?

Mam,

You need not worry.  All the above said to happen will take atleast 1-2 years, by that time you will have happily deilvered baby and can go to court later.  Indian court dead slow.  Nothing to worry.  And there is no other case that he can file on you other than divorce case.  Wish you safe delivery.  May Allah bless you and the baby.

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The Process Server will report that Summons were refused. It would've been better to have received it and had someone appear in Court to explain the reasons for your inability to pursue any judicial proceedings at the moment. You have genuine reasons not to be bothered with litigation at the moment and the Court would've definitely appreciated and given you time.

Be that as it may. Most probably they'd try fresh service through Process Server and/or Registered Post RC. My advice would be, accept it this time and have some relative attend the Court and inform the Court of the situation (ONLY to explain your current situation of inability to be bothered by Court cases right now, NOT the facts of the case).

Because the proceedings will ultimately happen, served one way or served another way - served or unserved, ex-parte; no point evading service. Don't bother to even engage a lawyer at the moment because it'd serve no pupose; I'm sure you won't be in the frame of mind to bear the aggravations of instructing a lawyer. Just ask a relative to attend Court (with his identity proof and proof of relation to you) and ask for time and the Court would be sympathetic to you and I'm sure it won't pass any orders to your detriment and would advice you to engage a lawyer if the Court thinks its absolutely essential at this very stage.

Nothing more to add i agree with the advise of Mr Helping hand and Mr Atul .