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Kishore Malhotra (Govt Job)     04 March 2014

Summons not accepted by respondent

Sir,


Wife of my younger bro deserted herself with kids four months back after about 7 years of marriage when my bro was hospitalised. We filed writ petitions of RCR under Sec 09, Child Custody under GWA. She filed Maintenace Under Sec 125 HMA. She appeared for first hearing against RCR. But she denied to take summons issued against our petitions of Child Custody. I would like to ask you..

(i) Whether it is possible that a respondent can deny to accept summons issued by court

(ii) If the child custody case decided ex-parte...whether she is bound to act on court orders; and

(iii) whether she can challenge the ex-part decision later on...


In anticipation of suitable suggestion....



Learning

 2 Replies

aap (manager)     04 March 2014

Even if she rejected to take summons the summons been served, if she doesnt appear non bailable warrant will be issued against her

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     04 March 2014

A criminal summons may also listpenalties for failure to appear as ordered. In some places, arrest warrants are issued for failure to appear in criminal court.


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