family court divoce matter
Anupama
(Querist) 22 March 2011
This query is : Resolved
The hurdle is I don't understand what stand I have to take.My advocate submitted statement and deny the allegations he has leveled against me.
Now the problem is he is not coming for case & not filling affidavit to court for cross. his lawyer says ya we will file it but from last 4 dates he didn't filled it.And now the judge says that if he not came this time i will dismiss the case.
Now my question is what will I do? If it happen so.. where should I go for Justice what will be my future?Let the court dismiss it? After that what will I do? how can I get justice?where should I go?
I want guideline from you. Shall i give in writing to court that Court Please Seized his passport when he will present in the court? shall I file 498a case against him but my case is in court from last 2 years is it possible to do so? is it has that much wet-age?
I am talking abou treaty as under:
No. 25016/17/2007-Legal Cell
Government of India
Ministry of Home Affairs,
IS Division-II:Legal Cell
New Delhi, dated the 11th Feb, 2009
To
The Home Secretaries of all States/UTs,
The DGPs amd IGPs of all States/UTs.
Sub : Comprehensive guidelines regarding service of summons/notices/
Judicial process on the persons residing abroad.
Sir,
Section 105 of Criminal Proceedure Code (Cr.P.C.) provides for
reciprocal armaments to be made by Central Government with the foreign
governments with regard to the service of summons / warrants/ judicial
processes. MHA has entered into Mutual Legal Assistance Treaty/
Arrangements with 25 countries. In respect of other countries, the Ministry
attempts to serve the judicial papers by giving an assurance of reciprocity.
However, despite this Ministry’s best efforts the summons and other judicial
process get delayed for various reasons.
With a view to streamlining the procedure, MHA has examined the
matter and comprehensive guidelines are enclosed covering various aspects of
service of the summons/ Notices/ Judicial process on persons residing abroad.
You are requested to kindly have these comprehensive guidelines
circulated amongst all courts/ all investigating officers under your jurisdiction for
strict compliance.
Yours faithfully,
Sd/-
(Amar Chand)
Under Secy. To the Govt. of India
Encl : As above.
Copy to :
i) M/o Law and Justice , Deptt. Of Legal Affairs, Shastri Bhawan, New
Delhi
ii) M/o External Affairs, CPV Division, Patiala House Annexe, Tilak Marg,
New Delhi.
iii) JS(PP), MHA, Lok Nayak Bhawan, Khan Market, New Delhi
iv) JD(Policy), CBI, North Block, New Delhi
v) Joint Director, IB, New Delhi.
No. 25016/17/2007-Legal Cell
Government of India
Ministry of Home Affairs
Subject: Comprehensive guidelines referred to in Letter No. 25016/17/2007-
Legal Cell, dated ______ of Internal security Division, Ministry of
Home Affairs regarding service of summons/notices/judicial
process on persons residing abroad.
--
Section 105 of Criminal Procedure Code (CrPC) speaks of reciprocal
arrangements to be made by Central Government with the Foreign Governments
with regard to the service of summons/warrants/judicial processes. The Ministry
of Home Affairs has entered into Mutual Legal Assistance Treaty/Agreements
with 22 countries which provide for serving of documents. These countries are
Switzerland, Turkey, United Kingdom, Canada, Kazakhastan, United Arab
Emirates, Russia, Uzbekistan, Tajikistan, Ukraine, Mongolia, Thailand, France,
Bahrain, South Korea, United States of America, Singapore, South Africa,
Mauritius, Belarus, Spain and Kuwait. In other cases the ministry makes a
request on the basis of assurance of reciprocity to the concerned foreign
government through the mission / Embassy. The difference between the two
categories of the countries is that the country having MLAT has obligation to
consider serving the documents whereas the non-MLAT countries does not have
any obligation to consider such a request.
Summons/notices/judicial processes issued by the Indian Courts.
2. The summons/warrants/judicial processes received by MHA are
forwarded to the concerned Indian Missions/Embassies which in turn, takes up
the matter with the designated authority in that country. In case of MLAT
countries, the manner of communication is as laid down in MLAT and can be
either directly between MHA and the Central Authority or can be through the
diplomatic channel. The designated authority after considering the request
directs its agency to serve the document on the concerned person and the report
of the service, if any is also received through the same chain. This is broadly the
system in majority of the countries. However, in some countries private
companies/NGOs have also been entrusted with the service of judicial papers.
3. Based on the experience gained, some guidelines are given below which
may be followed while making a request to MHA for service of judicial processes.
It may, however, be noted that it is the discretion of the requested country to
serve the documents and any time frame for a positive response cannot be
predicted.
a) All requests for service of summons/notices/judicial processes on
persons residing abroad shall be addressed to the Under
Secretary(Legal), IS-II Division, Ministry of Home Affairs, 9th Floor,
Lok Nayak Bhawan, New Delhi- 110003. All requests shall be
forwarded through post only with a covering letter from the
Registrar/Court official giving the following information:
a) Material facts of the criminal matter including purpose of the
request and the nature of the assistance sought.
b) The offences alleged to have been committed, a copy of the
applicable laws and maximum penalties for these offence.
c) Name, designation, telephone and fax number of the
person/officer who will be able to give any clarification, if
required.
d) The complete address of the issuing authority to which the
judicial papers/service reports may be returned.
e) Approval of the competent authority to bear any expenditure,
which they be charged by the foreign government/agency for
the service of the documents.
f) Degree of confidentiality required and the reasons therefore(in
case of confidentiality requirement).
g) Any time limit within which the request should be executed.
This will be subject to allowance of sufficient margin of time by
the requesting agency, as indicated in para 3(iv) of the
guidelines
b) MHA, on receipt of request, will examine it in view of the provisions of
treaty, if exists, with the requested country and as per the provision of
CrPC in case of non-treaty country.
c) India has a MLAT with Singapore and the Govt. of Singapore has
prescribed a proforma which shall be completely filled and sent
alongwith the request for service of judicial documents. The said
proforma is at Annexure – 1 to these guidelines.
d) MHA requires at least a period of 12 weeks times for service of such
notices in the concerned countries. It is, therefore imperative that a
date of hearing/appearance may be decided accordingly.
e) In the case of non English speaking countries, the notices should be
accompanied with the certified/authenticated translation(in duplicate)
in the official language of the country where the notice is proposed to
be served.
f) Name and address of the individual/organization should be complete
in all respect and PO BOX no. and Passport no. will not suffice as
address of the individual.
g) Ministry of Home Affairs responsibility to service the summons is only
in Criminal Matters. Hence, summons in Criminal matters only may
be sent to the Ministry for service abroad.
h) MHA does not undertake service of the non-bailable warrants of arrest.
The service of non-bailable arrest warrents amounts to the extradition
of the individual. The request for extradition are based on certain legal
procedures contained in applicable treaties negotiated on the basis of
the International Principle of Extradition. Such requests are to be
forwarded to the Ministry of External Affairs, CPV Division, Patiala
House Annexe, Tilak Marg, New Delhi – 110001.
(A)SUMMONS ISSUED BY THE FOREIGN COURTS/AUTHORITIES:-
4. The summons issued by the Foreign Courts/Authorities and received in
MHA will be served by the State Police through CBI-Interpol. However,
Indian Mission/MEA while forwarded such requests to MHA will ensure
that:-
a) The summon is followed with a translated copy in the Indian language.
b) A reasonable time say 10 weeks is allowed after the summons are
received in the Ministry of Home Affairs.
c) An Assurance of Reciprocity(AOR) is followed from the countries
which insist for the same in respect of Indian Summons.
can i go through in my case?
Raj Kumar Makkad
(Expert) 09 December 2012
Your query might practically have been resolved till to date?
V R SHROFF
(Expert) 09 December 2012
Ask your Advocate to take STEPS.
ajay sethi
(Expert) 09 December 2012
this query is more than a year old . the quwerist has not stated what has happened after he has posted the query .
