498a and 125 : notice
Sundram N
(Querist) 11 May 2013
This query is : Resolved
Dear Senior and Friends,
Kindly suggest in the matter of serving notice in maitenance case.
Notice of the maitenance case is affixed on the wall in the house of native place (village) by a bearer of the notice. he ( Bearer of Notice) has taken signature as witness from one person who resides in near to the house of husbnad in veiw of witnessing that the notice is affixed in the place of house. interesting point is that the notice is affixed after expiry of hearing date of the case. Now a days,no any one is residing in that house as parent is out of the place due to travelling in several relgious place. Prior to this action of affixing the notice, court had already issued notice to the address of the same house but parent of husbnad denied to recieve the notice because husbnad is not residing in the native place from a long period of time and court assumed that notice is not served properly. after that, court issued notice to the wrong place on office of the husbnad and this serving of notice is also assumed that notice is not served. Now the notice is affixed in the house of village where husband never resided from the lase 12 years.
in the case, it is mentioned that husbnad is residing in metropolitan city of delhi from a period of about 12 years but notice issued to village.
kindly suggest what to do and in next date, what action of court will be taken.
it will be proper to file an application or affidavit before court from that person who witnessed to the bearer of notice that the notice is affixed in the house which is not proper because , he doest not know about the husbnad where he is residing now a days and this house is of his parent.
further, that person can declare that the bearer of the notice has taken singnature as witness by pressure saying that to implicate in several case.
kindly suggest.
Adv. Chandrasekhar
(Expert) 11 May 2013
On the next date of hearing move an application properly drafted by an advocate to set aside ex-parte orders (if it has been already passed) justifying for your absence in the previous dates and how you came to know about the present date. the court will allow your application after imposing certain costs against you.
Devajyoti Barman
(Expert) 11 May 2013
No purpose would be served in challenging the service of notice. Engage an advocate and contest the case by filing written objection. That is more advisable option.
ajay sethi
(Expert) 11 May 2013
make an application for setting aside orders if any passed in your absence . contest the case dont challenge service of notice
