Eswar (Other) 28 October 2013

Summons received through phone

HI,

My wife filed 498a in march on me and my family members(total 6 members). we are all in bail now. chargesheet not filed yet. 2 days back i got call from her place police station(where case has been registered) and said that "my wife filed DV also (total 10 members) and informed me about first hearing date. the police told me all 10 memebrs names and hearing date and asked me to attend court without fail. Is it valid way of serving summons? Court can considered as summons served? Please advice.
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8 Replies

Kundan Kr. Singh (Advocate) 28 October 2013

It is not valid in the eye of law.

Eswar (Other) 28 October 2013

Thank you very much Kundan Sir.

Rajaramana RV (Employee) 28 October 2013

Ask your lawyers to check in the court told by police to you if you need to appear. You can always later say that you got summons by phone but sometimes court issues warrants for compulsory appearance as police tell that they have summoned the accused. So, don't take a chance just ask your lawyer to check if there is a court date for you.

Also, in how many days did you get bail for your family? What are the conditions of bail? Do you need to appear in court?

David Baker (advocate) 28 October 2013

Now that you are on bail, it is mandatory for you all to appear in court for all dates. Failure to do so would only result in Compelling the Court to seek your presence through summons/warrants. You may not need the services of your lawyer at this preliminary stage however.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 28 October 2013

Update on 498a: Another draconian law got passed, "ex wife will get 50% of the inherited properties in addition to 50% of the property of husband". This will encourage women to file 498a case at drop of hat, so if you are not 100% sure of marrying your girl, you may want to get into a "live in" relationship.

Eswar (Other) 28 October 2013

Hi David/Rajaramanna sir,

3 members got regular bail and another 3 memebrs got AB on 498a. this summons for DV(new case) and not for 498a. for 498a chargesheet not filed yet. so that case is in pending now. police man served summons of Domestic voilence through mobile phone .

(Guest)

This is not a summon as any legal summon can't be delivered on phone.

It is just intimation to know you that your wife had filled a complaint of DV.

It was better that you would have asked them to send the notice for the same.

Anyways consult your lawyer as he may get there and collect the complaint or not.

You got bail in 498a and in DV there is no need to get fear of arrest and how to take a AB or a bail when it has not turned to bailable/Non bailable warrant (failing to appear in the procedure cause those two elements)

Just go and attend and stick to your basics.

Thanks.