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(Guest)

Witness in divorce case

I had a past 1 year of relationship with my ex and since 2019 we are not in touch as we were separated.She might have married with someone which I don't know.

Today I got a court summon at my office to be witness for a divorce case and appear in court. I didn't recieved that letter but on investigation I got to know her husband filed a divorce case and list few people including me to be a witness.

He also had some past chats of me and the girl doing s*xting as an evidence.

Please suggest what should be the next step if I don't appear in court? Also what else they can do? What should I do they might destroy my reputation I should take action 



Learning

 10 Replies

Dr. J C Vashista (Advocate )     03 March 2024

Since there is nothing in your knowledge regarding allegations levelled and what does the petitioner want to prove, avoid attending the court.

Seek opinion and advise of a local prudent lawyer for better appreciation of facts.


(Guest)

My local lawyer suggest for defamation case against the guy as he didn't discussed with me for being a witness and directly send summon at my office causing my reputation.

Also could you help me to understand if I avoid going to court whats the next step they can do like sending summon again or on wats app?

Dr. J C Vashista (Advocate )     03 March 2024

 

No, donot adventure for any case.

1 Like

(Guest)

Thanks sir..but lastly could you answer me this as well

Also could you help me to understand if I avoid going to court whats the next step they can do like sending summon again or on wats app?

 

Dr. J C Vashista (Advocate )     03 March 2024

Whether it is a Court summon to attend the oroceeding ?


(Guest)

Yes seems like from family court

T. Kalaiselvan, Advocate (Advocate)     03 March 2024

It can be presumed that he has filed a divorce case on the grounds of adultery and has named you as the adulterer hence you have been impleaded as one of the respondents in the case.

However no defamation case by you against him is maintainable in this regard.

If you don't appear before court after receiving the summons then you will be set exparte.

The case will be decided on merits if she contests it properly.

Sudhir Kumar, Advocate (Advocate)     03 March 2024

You have no option (just no option).

 

You have to :-

  1. Appear in court
  2. Identify yourelf and mark atendance.
  3. stand before judge when item No is called.
  4. reply true andwers to the questions asked by both lawyers.

It is not understood as to on which basis/input you have been advised to file defamation.  None is defaming you if you are called upon to testify agsinst his wife in divorce case (even if your past deeds are exposed and you lose reputation).

Kartikey Tiwari   03 March 2024

Before a family court, any witness can depose through affidavits instead of appearing in person. If the Court still requires his presence for further chief or cross, they can summon

16. Evidence of formal character on affidavit.-
(1) The evidence of any person where such evidence is of a formal character, may be given by affidavit and may, subject to all just exceptions, be read in evidence in any suit or proceeding before a Family Court.
(2) The Family Court may, if it thinks fit, and shall, on the application of any of the parties to the suit or proceeding summon and examine any such person as to the facts contained in his affidavit.

Sudhir Kumar, Advocate (Advocate)     05 March 2024

Originally posted by : Kartikey Tiwari

Before a family court, any witness can depose through affidavits instead of appearing in person. If the Court still requires his presence for further chief or cross, they can summon16. Evidence of formal character on affidavit.-(1) The evidence of any person where such evidence is of a formal character, may be given by affidavit and may, subject to all just exceptions, be read in evidence in any suit or proceeding before a Family Court.(2) The Family Court may, if it thinks fit, and shall, on the application of any of the parties to the suit or proceeding summon and examine any such person as to the facts contained in his affidavit.

 

 

that does not at all mean that he has a prerogative / descrition for not attending court.


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