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daughn (Cards Manager)     17 September 2014

Hand summons to husband : he is not accepting

 

My friend lives in Karnataka and Ex-Husband lives in Delhi.  

He has not being paying maintenance, court has finally

sending a "Hand Summons" but he is not accepting anything from the court.

Please help on how best she can go about this.



Learning

 5 Replies

fighting back (exec)     17 September 2014

summon is for which case? 

he is just buying time to prolong the case. is he 'not accepting' or not 'present there to accept'? both are two different things, if he doesnt accept, the court can pass an exparte order, if he is not present there to accept, then the notice can be pasted on the door.   

Tajobsindia (Senior Partner )     18 September 2014

@  Author,


1. The via Hand (Dasti) Process Service of Court should be instituted via Authorised person of the Court which in this case can be your friend (if she has prayed so and got allowed via Court) OR via local (Delhi) Jurisdiction Court OR via local (Delhi) Jurisdiction Police Station.

2 The Process Server (any one from above three) can submit to concerned Court under Oath h/er Process Service Report of party not accepting Summon of Court which on next date of hearing has to be brought to notice of Court from Court file and will be deemed as proper service and then Court will proceed in accordance with procedural Law. Hence, first get that Service Report from Process Server submitted in case file of parties with the Court and ask your friend to pray to Court to proceed on next step in accordance with Law. 

3. The matter then will proceed ex part and whatever your friend is praying before Court against which process Service of Court was prayed earlier, she has to replicate those facts under Oath and lead her prayer before Court and now Court will grant an ex part Order in her favor, this is how Civil matter as asked in Court proceeds in backdrop of your friends brief proceeds.  


[Last reply]

2 Like

Happily Divorced (TL)     18 September 2014

Comprehensive reply from Tajobs. Thanks to him.

daughn (Cards Manager)     18 September 2014

WOW this site is really really helpful.

 

Thank you all for the options i can now follow. God Bless :)

All is NOT well (Harrased by Biased Laws)     19 September 2014

Originally posted by : daughn

WOW this site is really really helpful.

 

Thank you all for the options i can now follow. God Bless :)

Query asked by Ld. lady Daughn for her Friend's Husband, now she is now ready to follow this (Highlighted one) :)

 

Creates Doubts - that ladies out here now a days are asking questions on their friend's name rather theirselves ;)


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