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rajesh (asdadad)     31 October 2012

Court summons recieved but it is unsigned by petitioner

I have recieved a court summons dated 3rd Nov 2012 in a divorce case ... The case has been filed by my FIL but on Court summons hasn't been signed by my Wife as a petitioner rather her lawyer has signed it stating that he knows my wife ... What can be my next move ?? Can I tell the Judge that this is a false divorce case for just to implicate me in legal cases done by my FIL ??

 

Earlier when I have had sent a Lawyer notice to my wife ( as i didnt know her exact whereabouts so I have had sent one copy to her Father's place and another to her Sister's place )  asking her to return back . Her father didnt accept the notice but my mistakenly her sister accepted it on behalf of my wife ... Her father sent me a lawyer notice refuting all the claims and asking me a divorce for his daughter citing the reasons of my lawyer notice and some so called anonymous post of mine asking a query regarding divorce procedure in some forum ...

 

He have had warned me not to send any another notice or he may go to court .. I kept calm for a month and waited for their move .. as expected her father moved a Petition in his city court but my question is regarding the court summons ... My wife have never said a thing about divorce ..it is her father who is forcing me .. You can read more about this case in my blog .. Shall I have to attend the summons or can I just file a RCR in my residentiantial district court ... My FIL is from Buldana which is 600 KMs away from my district court .. while my wife may be working in Thane .. both of us were living in Pune after our marriage ..



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 15 Replies

Ranee....... (NA)     31 October 2012

your wife only can file divorce case on you.

Petitioner can not summon you.Somebody must be jokig with you.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 October 2012

:-)

 

 

 

Regards,

 

Shonee Kapoor

stanley (Freedom)     01 November 2012

Today is 1 st Nov 2012 how can post dated summons be issued dated 3 rd nov 2012 .??

rajesh (asdadad)     01 November 2012

See my FIL have applied a divorce petition in Buldana Court ( marriage place ) on 29th Sept. on behalf of my wife as she might be working in Thane ... I recieved a court summons on 20th Oct. in Satara ( my parents place , 600 KMs away from Buldana ) .. I have been summoned to the court on 3rd Nov. .. When my local court Belif ( clerk ) came with the Summons to hand over it to me , he asked me if you really want a divorce from your wife ( he was knowing my father ) . I said No then he suggested that in such case he can keep that summons with him for a month so that I can plan my next move but he suggested me to consult with my lawyer if I have already hired one.... When I checked the Summons , there was no signature of my wife as a petitioner on that summons .. 

when I asked my lawyer what to do with the Summons i.e. should I accept it or shall I go by as per that Court clerk's suggestion .. My lawyer asked me to accept it and sign it on the slip .. So that is my question if this Court Summons is really Genuine or my FIL is just harrassing me 

Never Give Up (Fighter)     01 November 2012

one month or two month delay in service of summons is acceptable practice. If its maintenance case husband side delays acceptance of summons..if its divorce filed by husband then wife side delays acceptance of summons..

 

But as you say you dont want divorce, accept summons and appear before court. Let the case start and tell judge i will take my wife right now..all her claims would collapsed.. Now a days judges are very keen on making marriage work..so if you have that understanding of taking your wife back then judge is in your side :-)

1 Like

rajesh (asdadad)     01 November 2012

But my question is regarding unsigned Court Summons ... It says that my wife has filed a civil suit, divorce case on me and I need to appear before court on 3rd Nov... My wife has never said such thing to me although her father was always persistent with our divorce ... I am confused at the moment ... I dont have any experience of Court matters , and legal procedures as I am an IT engr and my wife is a chemical engr .. 

 

The Court summons says that a So and SO lawyer knows the petitioner ( i.e. my wife ) and he has signed it on it ...

stanley (Freedom)     01 November 2012

Originally posted by : rajesh

But my question is regarding unsigned Court Summons ... It says that my wife has filed a civil suit, divorce case on me and I need to appear before court on 3rd Nov... My wife has never said such thing to me although her father was always persistent with our divorce ... I am confused at the moment ... I dont have any experience of Court matters , and legal procedures as I am an IT engr and my wife is a chemical engr .. 

 

The Court summons says that a So and SO lawyer knows the petitioner ( i.e. my wife ) and he has signed it on it ...

Appear on the 3 rd of nov in court and hire a lawyer and contest the case .And stop falling in love wether your wife has told you this and not that .

1 Like

Never Give Up (Fighter)     01 November 2012

Ok, Let me clear one thing, If it is summons it would have court stamp on it. Just look for it.

 

Also , if you have seen petition along with summons then it may have a stamp which says , petitioner appeared before me and all thing stated in the petition are true with stamp of court registrar.

 

Best way out is appear before court on 3rd november. Lawyer of other party would hand over petition to you on that date and you signed on other petition which is court copy stating "Copy received and put a date". Thats it for first date.

 

Get this copy to your lawyer and then on next date your lawyer would put his / her vakalatnama (ie. letter informing court that you have appointed so and so person as your advocate and he will contest your matter and he is your legal representative).

 

And then on the next date  DRAMA starts ....

2 Like

rajesh (asdadad)     01 November 2012

I have already given that court summons and Petition to my lawyer to study and think over the legal aspects of my reply to the said petition ... But my lawyer, my Dad and her dad are all forcing me to go for mutual consent divorce ... which I do not want because whatever may be problems were in between me and my wife and I need to discuss those problems with her in front of Judge or a counseller ... But my lawyer and dad says that as you are not aware of court matters so it would take long time ... and besides this they think it wont help in the end also as the end result would be only in Divorce ..so why waste time after that girl ... As I have every belief in my convincing powers so I want to sort out our problems with her only ..and I do not anybody to interfer in my problems ...

See both of us were living in Pune and her parents were in Buldana ( 400 KMs away ) and my parents were in Satara ( 120 KMs away) ... My wife used to share every minute details with her parents but i have never did so , in fact I used to call my parents once in a week or so .. Because of my work and time given to my family , i have least bothered in sharing my marital day to day wear and tear with them .. My in-laws used this opportunity for their benifits and they used to tell millions of fake stories to my parents.. I can understand that I did few mistakes as such Mis-communication and that is the reason that I am facing this situation

stanley (Freedom)     01 November 2012

When wife goes to court all convincing ,hypnotisim,telepathy  goes into the back ground. Anyway its your choice may god bless you with your powers ..

1 Like

Never Give Up (Fighter)     01 November 2012

Get the facts right my friend,

 

Marriage is of two persons willingness to share life together. If one person is not interested (whether by self or by others instigation)  then marriage is DEAD.

 

If you are getting a window to get out of dead relation, it is better to take a quick call within oneself and decide.

 

For woman, legal weapons are plenty, if they start using it may be by ill advise or out of anger , then you and your family would have to suffer for longer period ..

 

Think about it and take a call.

1 Like

Tajobsindia (Senior Partner )     01 November 2012

 

 

Originally posted by : rajesh

 


XXX  
My wife has never said such thing to me although her father was always persistent with our divorce ... I am confused at the moment ... I dont have any experience of Court matters , and legal procedures as I am an IT engr and my wife is a chemical engr .. 
XXX

 

 

@ Rajesh,

To do complete justice to your speculative query here is a eye opener on above quote of yours as my reply;

Essence of Family Law in India;

YOU  KNOW  YOUR  WIFE  WELL  ONLY  WHEN  YOU  MEET  HER  IN  COURT' By: A Men's Rights Activist 

1 Like

rajesh (asdadad)     05 November 2012

Funny ... on 3rd Nov , neither her lawyer, dad , mediator nor my wife appeared before court . And also there is a good news . District Judge of Buldana is from my village and a classmate of my lawyer ( I have taken my Dad's lawyer friend to Buldana as we didn't trust any lawyer from Buldana city ) .. That district judge helped us a lot , first he threatened my wife's lawyer if he tries to be smart with us and he told him to ask my FIL to be polite in out of court settlement .. As they have had mentioned in divorce petition , they were asking 5 lakh for permenent settlement , but once my FIL came to know that Judge is on our side , he came down to 1-2 lakh , but we told him that we can give you only a signature on divorce papers and nothing more than that ... Then he came down to 50K .. but we told him that atmost we can give you 25K or atmost we can allow you to keep our 30 Gram gold ornaments and leave us forever ...

As the judge who was supposed to decide our matter , was on leave on that day , we have taken a new Date as 1st Dec 2012 .. That district Judge helped us to find the best lawyer from Buldana who can fight for me in future and that lawyer is fighting my case for free ... So for the moment I am happy .. Lets see what happens on 1st Dec 

Ranee....... (NA)     05 November 2012

Okay...Don't forget to send mithai for us on 1st december..:)!

1 Like

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