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Ramesh (Student)     09 November 2014

First summon, prayer for time in nullity case

Please, I need urgent replies, technical issue, I am in grave danger, SOS 

 

Well, the spl. registry marriage was done on 30th December

 

Wife lives in my hometown. 

 

I live in another city and away from my hometown. 

 

Wife filed null and void case on 2nd July, 2014.

 

First time, summon received by my family. 

 

First date of appearance in the court is coming 17th November, 2014 at 10 am. 

 

The summon was served to my family member in my hometown by a local court. 

 

I still need time of at least two months to prepare my first reply.

 

Because I want to give "no objection" in a way so that in the final order I will not be blamed to have any fault.   

 

 

Questions: 

 

1. Will the court allow it? Is there any provision?  

 

2. Can I myself appear and submit written prayer to the court asking for two months time without any advocate present there on my behalf? 

 

3. Will the court allow me three months time to submit the reply? 

 

4. I know an advocate in the city I am living in and how, if any, can he help me in this without travelling with me to the court in my hometown? 

 

5. My known advocate cannot travel for health reasons (recent bypass surgery) for now, so can he avoid travelling with me? Is there any way? 



Learning

 8 Replies

Dr J C Vashista (Advocate)     09 November 2014

Engage a local lawyer,  appear before  the court on the date fixedand submit (oral) request it shall be considered and adjourned, no such problem.

1 Like

sandykrish (Interested in Family LAW)     09 November 2014

Yes appear in person and let the court know you are finalising the advocate and you would need a longer date.. No need to engage a lawyer. Do it yourself.

T. Kalaiselvan, Advocate (Advocate)     13 November 2014

As you have received the summons, it becomes your duty to appear and attend the hearing before the court on the stipulated date.  However, if you do not want to engage an advocate to handle your case,you can do it yourself as a party in person. You may seek two months time for the present from the court to file your written statement/counter to her petition against you.  You can seek extension even after the expiry of the period granted to you to file your counter.  Take the help of a lawyer atleast to prepare the counter so that you do not miss out the technical details.

1 Like

CompelledToLearnLaw (Financial Examiner)     14 November 2014

Brother Ramesh, law, just like medicine, can cause so much harm to us. So it’s better to employ a professional. A lawyer knows his way around the legal system better than u. And for anyone who wants to delay his case, a lawyer is indispensable. Delaying a case can be a major weapon to frustrate the opponent. There r a lot of other benefits too. Having a lawyer lets u concentrate on ur employment or business. U don’t wanna lose ur job by dedicating ur time to learning laws. It’s good to learn but it will become a mandatory full-time work if u start fighting ur own case. 

 

Note that I’m not saying u should trust ur lawyer 100%. I’m not saying that u should not question his ideas. Just learn to keep ur lawyer honest and on his toes. 

CompelledToLearnLaw (Financial Examiner)     14 November 2014

By the way, it's a civil case to void ur marriage. How r u in a ‘grave danger?’ Brother, there r brave men wearing our country's uniform who r keeping an eye on our borders. Give them the privilege to use the phrase 'grave danger.' You r not in a grave danger.

CompelledToLearnLaw (Financial Examiner)     14 November 2014

Here r steps to delay ur case for about a year. I have a criminal mind. So follow the following advice at ur discretion.

 

Step 1: Do no let anyone make an appearance in the court on ur behalf. Have ur trusted man sit inside the courtroom on the hearing day. You wait outside. Tell him not to say anything when ur name is called. Most likely, the judge is gonna pass an order to issue another service.(Especially since the summons were accepted by ur parents, not u) If, because of having taken bribes, the judge is proceeding exparte, ask ur trusted man to tell the judge u r running late a few minutes. Then, ask him to come and get u from outside. He can keep his mobile phone running to give u a live broadcast. Keep on doing this at every date. DO NOT APPEAR UNTIL THE CASE IS ABOUT TO PROCEED EX-PARTE.

 

Step 2: Once u appear, follow Sandykrish's advice and say u need time to find an advocate.

 

Step 3: In the appearance after that, say that due to ur financial difficulties, u cannot afford lawyer fees and would like to prepare ur own WS. Follow Advocate T. Kalaiselvan's advice. Get two adjournments this way.

 

Step 4: This step requires guts; u can skip this step, if u have no guts. After taking two adjournments for filing WS, u should go AWOL. Let ur friend keep an eye on the case. Wait and watch for the case to proceed exparte. When it does, on the next hearing, move an application to set aside the order, which will be allowed 99% of the time. High court will allow it 100%. Just remember to get a note from a trusted doctor for ur ill health. See rule 7 of order 9 of Code of Civil Procedures:

https://www.lawzonline.com/bareacts/civil-procedure-code/orderIX-code-of-civil-procedure.htm

 

To submit the above application, pls hire a LAWYER and keep him. A good lawyer is akin to an artist.

T. Kalaiselvan, Advocate (Advocate)     14 November 2014

Great!, compelled to learn law has given some valuable tips which even advocates will not suggest openly.  Though it is practical, I should not suggest them, but the advise if followed scrupulously, may fetch the desired result.  However, I cannot endorse the advises. 

CompelledToLearnLaw (Financial Examiner)     14 November 2014

I agree Advoate T. Kalaiselvan ji. I knew why Advocates did not suggest non-appearance. It’s ethically and socially wrong to give such advice. Even I did not write couple of other suggestions that were too illegal.(Involving the judge and the postman) A lawyer should never risk losing his licence due to giving irresponsible advice.(Especially these days when phone calls can be recorded very easily and Internet activity can also be traced)

 

If people r wondering what then is the use of a lawyer: well, they will not suggest in open but once u r their client and u build trust, they will give u better ideas than the ones I mentioned. A good lawyer can relieve ur mental stress better than a medical practitioner.


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