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AJAY SINGH (XYZ)     30 October 2014

Dv filed by wife

Dear All,

1. Filed Divorce on ground: Adultery+Cruelty
2. Summons filed and sent(Served and accepted or not, not known)
3. After 15 days of filing summons by Advocate, DV Summon received by whole family

Questions are:

1. May be filing divorce on strong grounds just instigated them. It was a right step or wrong one???
2. DV sent to all family members who were not even in domestic relation with her, what can be done for them?
3. How summons are issued, I mean, Court send by themselves, or summon is given to petitioner to post it by themselves? 

Kindly help with these queries...



Learning

 2 Replies


(Guest)

1. May be filing divorce on strong grounds just instigated them. It was a right step or wrong one???

Well, instigation depends on what all baseless allegations which you have drafted in your divorce petition.  You gave one blow, now its their turn, they gave you bigger blow.  Interesting that you are still up.

 

. 2. DV sent to all family members who were not even in domestic relation with her, what can be done for them?

You are talking about the summons or the wife and party?  as far as the co-accused are concerned, you will have to approach HC for stay and aquittal of co-accused stating that they were not in domestic relation with your wife and party.  The co-accused will eventually be let out. But not the main accused, ie you.  You will have to face trial.

 

3. How summons are issued, I mean, Court send by themselves, or summon is given to petitioner to post it by themselves?

Summons may be sent through social welfare department, or the jurisdiction police station.  Not accepting such summons will go back a not residing, and subsequently warrant will be issued for non-appearance in court, ex-parte orders will also be passed if anything are asked u/s 23 of the said act, if warrant issued and your are caught, you/co-accused will be taken into custody and will be produced in court, if not found at all, NBW will be issued and you wont get bail for it until magistrate approves it himself, such will be at the will and  wish of the magistrate,


All the best.

AJAY SINGH (XYZ)     30 October 2014

Thank you sir for valuable advice. For point no. 1, however, it may amuse you, but I have invested my lot of time to make sure that everything written in petition is true.. Rest is left to great Indian Judicial and legal system...

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