498a pending trail - registered post from family courts

Dont accept this....as per my advice.....

Don't accept and tell Postman to write " he is not residing in this address "

If any adult male member of the family accepts it, it shall be deemd to be valid service upon the accused no 1 as per the CrPC. Dont agree to acknowledge the receipt unless accused no 1 actually wants to participate in the proceedings and unless you want to accept service on his behalf,.

Yes under Order 5 Rule 15 CPC the service of summon can be made on an adult member of the defendant/respondent family which will be considered valid service in the civil court. If you refuse the summon it may be considered as the same being refused intentionally to avoid the court proceedings and the Family Court will proceed with the Matrimonial Case ex-parte that may be bad for the son living abroad.

The Family court deals with not only divorce matters but even matter relating to child custody and maintenance for wife/child/parents etc. so first thing is to find out what sort of case has been filed by the wife in Family Court Chennai. If the wife is seeking divorce let it be proceeded ex-parte, but for maintenance issue you must defend it by engaging local advocate who can appear on behalf of the husband with his power of attorney/Vakaltnamma.

Yes mr Mahajan is right . Sorry I misinterpreted the query and thought that it was asking about a 498 case . Hence mentioned adult male Member in my answer . For extended service in a civil case , the adult member being male isn't necessary . It can be a female as well . Perfect advise by Mahajan sir

Ex-parte order for maintenance can be executed against the husband only and not against any other family member.

As far not accepting the summon from the Family Court is concerned that is your decision I cannot comment anything for that only the law applicable to the case I can inform you rest you decide what to do or not.

Thank you Vijay Ji for the valuable opinions and replies for my queries.

Yes the Ld advocte is right that summons can be served on famly member.

 

But the accused one is not family member so need not accept the summons.

 

Once the summons is accepted all further problems will start.

 

If there is exparte order  against accused one go in revision by appoint new advocate for accused one.

Dear experts

An update. 

 My parents received the summons from the family court. My wife is claiming 1 Lakh per month for her maintenance from March 2013. Arrears itself  is 36 Lakhs rupees. I am ready to pay acceptable maintenance, say 10,000/- per month but impossible to pay such a huge amount.  I don't know what to do.  I can't go to India till December 2016. My lawyer says he can represent me if I give him POA. What would be the right strategy to overcome this issue? Please advice, Kind regards Siva

Siva, in order to get the 1 lakh maintenance she has to produce your pay checks from your employer, tax returns etc, its not so easy to get such a huge maintenance, my Ex wife has asked for 2.2 lack, but at the end she was given Rs10000 as maintenance. dont panic, by default the amount in Rs 10000 that is normally, if you give POA to your parents to represent you in the case, they are liable to pay if the maintanence is higher.