JetLi (Nothing) 13 July 2014

Dv act - non bailable warrant - summons returned

Dear Sir,

Can you please clarify about the following....

1. How can summons will be delivered to a person when the person doesn't stay on the address given by the petitioner.

2. Is it petitioner's responsibility to give address or court's responsibility to trace the summoned person.

3. What if the summoned person is not known to petitioner.

4. How does court reach to the person summoned.

5. What if summoned person doesn't stay on the address in the summons & other family members staying in that address at the time of summons arrived.

6. Is there any compulsion to the members to receive summons belongs to others in that address, what if others deny to receive same?

7. What in case if the family members doesn't know the address of summoned, when there is no direct or indirect contact for some time between them.

8. Court can consider this as a violation of any law for not receiving summons belongs to other family member who doesn't stay or does'nt know the address of the summoned.

9. What in case if the judge issues non bailable warrant, when he found summoned person doesn't stay in that address. Can he issue non bailable warrant for just not delivering the summons because the summoned anyway doesnt stay there on the address.

10. Can a judge issue such warrant, specially for an offence which is bailable in nature. Just because they failed to deliver the summons, can they issue a non bailable warranty for the offence itself is a bailable.

Can you kindly clarify doubts.

Thanks

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4 Replies

rajendra (na) 13 July 2014

Summons will be sent through register post

If the person not staying in the house then it will return to court with not resident...Until unless summons not served to the person court have no power to give warrant(bailable/nonbailable)

Court will ask the petitioner to provide new address details of the person to send the summons again..If the petitioner failed to provide the address then petitioner need to give advertisement in news paper where the opposite party person living(largest circulation media) and need to provide the evidence to court that he gave adv in newspaper..

Then court will give exparte decree..

In case of family cases(DV,125crpc) court will not give nonbailable warrant...If anyone of the family memebrs summons servered then the court will think everyone in the family is aware of this...

JetLi (Nothing) 13 July 2014

Dear Sir,

Its DV case.

But what in cases where members are family are not in touch with each other.

Where family members are have not been asked to take other members summons on their behalf. Is it must to take other's summons even if they are related.

My father receved summons on my behalf of my other, since they stay at that house.

Only these 2 members are staying & the person who came to give summons didn't ask my father to take summons, and also they didn't deliver to us, as we stay in different state.

When court asked why other members are not present, when my father attended court, my father said i have no idea about others, as i received summons..i attended.

Judge issued non bailable warrants. Is it right?

Kindly clarify. Can we go to higher courts to quash the warrant.

Please suggest.

Thanks

LEGAL-CIVIL CRIMINAL (SENIOR ADVUCATE. skjadvt@gmail.com) 13 July 2014

apply in same court for recall of NBW.

at the same time take an expert advocate and file revision for dismissal of case.

if you miss this initial stage later there wlll me more problems.

T. Kalaiselvan, Advocate (Advocate) 13 July 2014

Once your father received the summons from court,it is deemed to have been served upon the respondent hence it will be treated as absent by the court, a NBW for non-appearance will be the next option by the court in this regard. You may approach a local lawyer and ask him to file a petition u/s 70(2) of Cr.P.C to recall the warrant by surrendering you before the court on the date of next hearing, this will solve the present crisis.

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