Abhi (law student) 27 January 2015

Summons outside local jurisdiction of court

my 498a wife shifted to a house outside the local jurisdiction of court in which the case if filed.. now summons to attend issued to her by the court in which case is pending to her old address and to police station in which case is filed. we got the new address. i asked police to give her summons in new address.

But police officer says that first the judge should be informed of address change and then summons on new address are to be taken , sent to the magistrate in which she resides and then they will be served.

i read sec 67 of crpc but did not understand.

Experts please throw light on this.

As my wife is unaware of all this can she accept summons and what will be result? or if her lawyer tells her can she reject them ?

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7 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 27 January 2015

Police r right in incoming. Whether to reject or accepts is her prerogative.

Abhi (law student) 28 January 2015

Police r right in incoming. Whether to reject or accepts is her prerogative.

@Adv Jeevan ji

sry sir, cldnt get u. will u plz you explain.

adv.raghavan (Advocate,9444674980) 28 January 2015

Section 67 crpc deals with summons to be issued outside court jurisdiction, the concerned jurisdiction court will forward the summons copy to the jurisdiction court, where the summoned person resides and the court will serve the same. Your wife has to accept the same , her refusal to accept the same will be considered as summon served.

Abhi (law student) 28 January 2015

sir my question is now that the court has issued summons to old address, is it required for police to intimate that there is a address change to new jurisdiction, and get summons on new address or the police can automatically take summons to new address which is outside the jurisdiction of the court which issued summons with out forwarding it to the court having jurisdiction

FREDYCHARLES RK - Bangalore (Advocate) 28 January 2015

Hi as advised by other experts, ask you advocate to file an application under 67 praying the Honb'le current court to send summons in duplicate to a magistrate of the place where your wife resides. In the event your wife refuses to accept the summons, among other remedies the remedy of "summons served" can be considered by court per CrPc

T. Kalaiselvan, Advocate (Advocate) 30 January 2015

The 498a case is state case where it is the duty of the police to prosecute the case. So leave it to them, or contact APP about it and become aware of the course of action taken by court in this regard.