{Balu manikantan} SUBRAMANYAM (Practising Advocate) 01 July 2019

Validity of summons received by wife instead of hsuband

Wife received summons which was addressed to the Husband by an arbitrator instead of husband is it valid service of summons.can the petitioner in that case claim that it is a valid service of summons.

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4 Replies

Adv Rohit Dalmia 9324538481 (Lawyer) 01 July 2019

Dear Subramanyam!

Yes, If the Summon is received by the wife on behalf of the Husband, then it is a valid service upon the Husband.

Regards

Adv. Rohit Dalmia

9324538481

{Balu manikantan} SUBRAMANYAM (Practising Advocate) 01 July 2019

SIR BUT IT IS A GENERAL RULE THAT THE SUMMONS ARE TO BE SERVED ON THE PERSON TO WHOM IT IS INTENDED AND IF IT IS NO T SERVED THE PARTY SHOULD ASK FOR THE SUBSTITIUTED SERVICE OF SUMMONS. WHAT DO YOU SAY.

IN THAT CASE WILL IT BE A GROUND FOR SETTING ASIDE AN AWARD. PLEASE SUGGEST WITH ANY CASE LAWS.