Sridhevi (education) 28 October 2024

Summons to accused

my husband married me in 2019 and again married in USA.I got proof of his 2nd marriage certificate and filed bigamy.

He is in USA

summons servered to his parents in india.My husband gave GPA to his father and his father took gpa and got certified copies went to high court for quash but got rejected.

I also send summons to his Email

Trail court is still asking to send summmons to his and saying he went to USA for livelihood and saying trail cant start unless pre trail statement of Acused recorded.

We filed to declare obsconded and conduct trail but court rejected saying Accused not having knowldge

Can you please let me know if stil summons to be delivered even after Accused via GPA got cc copies and went to high court for Quash

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5 Replies

Dr. J C Vashista (Advocate ) 28 October 2024

In the circumstances explained, the accused is well aware about the proceeding and Trial Court cannot take the plea regarding "accused not having knowledge".

If your statement is true, you should move to appellate Court to challange such order.

Your lawyer has to be proactive and proceed.

Real Soul.... (LEGAL) 28 October 2024

If he contested the case by seeking quashment how come he is not having the knowledge , he is well aware of everything and you should file writ petition for declaring his absconding.

You can file for maintenance also so that your calim will be maintained