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Discussion > Civil Law > Procedure > What if the person refuses to accept the court summons   Unanswered Threads Post New Topic

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There are 9 Replies to this message


Bhavna


EA
[ Scorecard : 66]
Posted On 30 August 2011 at 16:04 Report Abuse

I had sent my husband court summons as i have filed a maintenance case against him. His father open the door all the time and says and says he does not live here and they avoid accpeting the court summons.

 

can you pls help and guide me what to do? do we have to keep on issuing summons again and again and how can this delivered ( in any other way) to my husband so that he appears in the court. This is the first summon issued by haryana civil court.



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shally karloopia


law student
[ Scorecard : 799]
Posted On 30 August 2011 at 17:50 Report Abuse

Discuss with your lawyer what to do next?? In my opinion when respondent doesn't accept court summon then judge give direction to police/ issue warrant to catch the respondent. This is as per my knowledge.


adv. rajeev ( rajoo )


practicing advocate
[ Scorecard : 35395]
Posted On 30 August 2011 at 18:14 Report Abuse

It is necessary to serve the summons otherwise your case will be dimissed.  Let the police serve the summons on his father or take the new residebntial address of your husband



Total thanks : 1 times


sanket


Advocate
[ Scorecard : 90]
Posted On 30 August 2011 at 20:30 Report Abuse

In this matter you may apply to court to serve the summons through police. In this process you will have to give summons to police officer and accompany him to respondents address and later the police officer gives his remarks to court in respect of service of summons.

 If the summons is refused then you may apply for warrant.

 



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Bhavna


EA
[ Scorecard : 66]
Posted On 31 August 2011 at 08:01 Report Abuse

Thank you all for your responses.... I had contacted my lawyer and he said that as per law of the land, summons have to be sent atleast 3 times and then perhaps a newspaper publication. We are aware and sure that my husband stays there but his parents never allow him to open the gates and never accept that he is available. Thus, we need to find a way out to have the summons delivered to his parents then.

 

My second question is : what if they refuse and we produce their refusal to accept the summons in the court ? how can we expedite the case then? 

 

Also, in today's world, can summons not be issued on email with read receipt? is this process not valid or applocable?

 

also if we deliver to his office,the reception willtake POD . does that POD amount of acceptance on his behalf?

Awaiting in anticipation for your revert and thanks in advance.

 

regards

 



SACHIN AGARWAL


ADVOCATE
[ Scorecard : 1341]
Posted On 06 September 2011 at 00:48 Report Abuse

You have not clarified whether it is a Civil Suit or 125 Cr.P.C. matter.


In Civil Suit, the suit would be proceeded ex-parte in you produce his refusal and he don't attend the Court.



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Bhavna


EA
[ Scorecard : 66]
Posted On 06 September 2011 at 08:30 Report Abuse

Sir, i have filed a maintenance application and case ......our idea is to get him to court or come out so the proceedings can start cause we want to divorce and he is delaying this only on the basis that he does wants to harrass me. more so, he is asking for 50% share in property and only then he will give divorce. Our property is under joint name on papers and on joint loan but till date all emis are being paid by me , all house tax and insurance too and all expenses for the child ...he only paid barely a sum of 1 lakh as a down payment to teh bank when we had to avail a joint loan. the property is worth 70 lacs and perhaps he is waiting that it should increase and so his share. 

 

My main concern is : i cannot support my child alone, if he cannot divorce me, he should come and pay maintenance. Secondly- he cannot claim 50% share as all emis and major payments are being made by me till date. My loan will eb over in 2 years and i am at loss cause if he is not there to sign, teh bank will never handover teh original papers to me - i cannot have papers of my house with me even i paid all!!!! .

we tried lost of ways for mutual consent but failed. i even agreed to pay him a fat sum less of 50% share and he backed out. Thus, we have come to a conclusion that he needs to pay maintenece and if teh judge can order an interim mainetence then at least this case will love somewhere ...we have wasted 3 years waiting and he is not staying with us since 3 years and not supporting us anyways.....belongs to a rich family and i am jobless now...so that is why i am seeking help.

 

hope this helps clarifies.

 



Nadeem Qureshi 9953809956


Advocate/ nadeemqureshi1@gmail.com
[ Scorecard : 23160]
Posted On 06 September 2011 at 18:12 Report Abuse

Dear bhavana

as per your query, that you filed a mantinance petition before the court against your husband and  your husband are not accepting the summon, so you can filed an application before the court to issue a arrest warrent or filed an application u/o 5 rule 20 for publication, in both condition your husband is bound to appear before the court, if your husband not appear in the court,  the court passed an  ex-party order in your favour or against your husband. after that you can file execution petition before the court and recover your mantinance amount as per court order in which the amount dicided. if any query you can call me on my mob.99538099456 and also wrote me on my mail nadeemqureshi1@gmail.com



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kvss.prabhakar rao


Advocate
[ Scorecard : 523]
Posted On 01 October 2011 at 21:19 Report Abuse

Mr Nadeem Qureshi opneion is correct.



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Bhavna


EA
[ Scorecard : 66]
Posted On 19 November 2011 at 13:19 Report Abuse

Dear Sir/s, 

 

Finallly the summon has been accepted by his father and not by him. Till date, he has not come forward for any discussiona nd we assume he will not appear in the court again this time for hearing/resolution. This will be my third hearing and the 1st after summon being delivered. Can the Judge be pleaded to issue an execution order for maintenance cause i cannot move  any further due to my deteriorating finances...... Pls help with the next course of action.

Mr. Nadeeem Qureshi: in case you are able to see this message, i wish to make contact with you and will reach you soon to have a discussion.

 

In the meantime, pls guide me about the next steps. I cannot have my lawyer just take dates over dates all time




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