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Siva   12 February 2016

498a pending trail - registered post from family courts

Dear Experts

* 498A registered in 2013.

* Charge Sheet filed in 2014.

* Case is pending in trail court.

* Accused-1 is not in India. All other family members are on bail except accused-1. All family members attending courts every month since 2013.

This week we received a registered post from family courts, Chennai named to accused-1 but addressed to parents home (accused-1 is a foreign national). Accused-1 is not in contact with us. Should we accept this registered post or not? We checked with out lawyer, initially he asked us to accept and later he said not to. We are confused as we don't know what is in the post.

Could you please give me your valuable opinion on this? 

The post has the following number on it; Is it a case number? Any idea what the contents could be? 

123 I MC. 42/16

H4 03/3/16

Appreciate your valuable replies

Siva

 

 



Learning

 11 Replies

fighter (Software professional)     12 February 2016

Dont accept this....as per my advice.....

1 Like

P Kumar Agrawal (Na)     12 February 2016

Don't accept and tell Postman to write " he is not residing in this address "
1 Like

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     12 February 2016

If any adult male member of the family accepts it, it shall be deemd to be valid service upon the accused no 1 as per the CrPC. Dont agree to acknowledge the receipt unless accused no 1 actually wants to participate in the proceedings and unless you want to accept service on his behalf,.

Vijay Raj Mahajan (Advocate)     13 February 2016

Yes under Order 5 Rule 15 CPC the service of summon can be made on an adult member of the defendant/respondent family which will be considered valid service in the civil court. If you refuse the summon it may be considered as the same being refused intentionally to avoid the court proceedings and the Family Court will proceed with the Matrimonial Case ex-parte that may be bad for the son living abroad.

The Family court deals with not only divorce matters but even matter relating to child custody and maintenance for wife/child/parents etc. so first thing is to find out what sort of case has been filed by the wife in Family Court Chennai. If the wife is seeking divorce let it be proceeded ex-parte, but for maintenance issue you must defend it by engaging local advocate who can appear on behalf of the husband with his power of attorney/Vakaltnamma.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     13 February 2016

Yes mr Mahajan is right . Sorry I misinterpreted the query and thought that it was asking about a 498 case . Hence mentioned adult male Member in my answer . For extended service in a civil case , the adult member being male isn't necessary . It can be a female as well . Perfect advise by Mahajan sir
1 Like

Siva   13 February 2016

Thank you all for your valuable replies.
In the 498A trial court, we clearly stated that accused-1 has severed all contacts with us. So,
1.    if we accept the summons from family court, will it be a problem?
2.    is it advisable to accept the summons and engage a lawyer?
3.    will it be a problem if we accept the summons and not engage a lawyer or not be present at courts on the specified date, as we live far away from Chennai and don't have a lawyer there?
--If the court gives an ex-parte decree for maintenance, are the family members (parents / brothers / sisters of accused-1) liable to pay the monthly maintenance?
--As responsible in laws we are able to pay upto a certain amount as monthly maintenance but if our daughter-in-law asks a high amount as monthly maintenance, we are not in a position to pay.

Vijay Raj Mahajan (Advocate)     13 February 2016

Ex-parte order for maintenance can be executed against the husband only and not against any other family member.

As far not accepting the summon from the Family Court is concerned that is your decision I cannot comment anything for that only the law applicable to the case I can inform you rest you decide what to do or not.

1 Like

Siva   13 February 2016

Thank you Vijay Ji for the valuable opinions and replies for my queries.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     13 February 2016

Yes the Ld advocte is right that summons can be served on famly member.

 

But the accused one is not family member so need not accept the summons.

 

Once the summons is accepted all further problems will start.

 

If there is exparte order  against accused one go in revision by appoint new advocate for accused one.

1 Like

Siva   21 February 2016

Dear experts

An update. 

 My parents received the summons from the family court. My wife is claiming 1 Lakh per month for her maintenance from March 2013. Arrears itself  is 36 Lakhs rupees. I am ready to pay acceptable maintenance, say 10,000/- per month but impossible to pay such a huge amount.  I don't know what to do.  I can't go to India till December 2016. My lawyer says he can represent me if I give him POA. What would be the right strategy to overcome this issue? Please advice, Kind regards Siva

srk (Service)     22 February 2016

Siva, in order to get the 1 lakh maintenance she has to produce your pay checks from your employer, tax returns etc, its not so easy to get such a huge maintenance, my Ex wife has asked for 2.2 lack, but at the end she was given Rs10000 as maintenance. dont panic, by default the amount in Rs 10000 that is normally, if you give POA to your parents to represent you in the case, they are liable to pay if the maintanence is higher.

 


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