Issue of summon
Sundram N
(Querist) 28 May 2013
This query is : Resolved
Dear Friends and senior,
Kindly give your valuable advice on the following points :-
1. wife side made arrangement in court to issue summon again to the name of CFO/Director in the company's office address.
2.Court sent a latter with summon to make aware to employee ( Husband) to present before the court.
sir, my queries are on the above points :- 1. Company is not party of the case. why court again issued summon to the name of CFO/Director ?
2.As 67crpc states that, court has to issue the summon through megistrate if husbnad (accused) is out of local jurisdiction. is court in correct procedure to serve the summon in the name of CFO of the comapany ?
one point, i want to insert here that, summon can be issued to employer only in case of govt. service as per crpc 66 and company is not a govt. organisation.
kindly suggest what to do ? as the company can maintain silent and husbnad can take a long time to frustrate the wife side who made blackmaling to extort money. previously, court served summon of the case to the company but the company returned the same to the court.
kindly advice.
R.K Nanda
(Expert) 28 May 2013
consult local lawyer.
Anirudh
(Expert) 28 May 2013
Instead of taking hyper-technical view of the matter, the summons having been received by the CEO, it would be advisable to inform the respondent (Husband) to present himself before the court on the appointed date and time.
The Company/CEO cannot decide whether the wife (petitioner/complainant) is blackmailing or trying to extort money. This is none of its business and concern.
