(Guest)

Crpc summons - urgent help

Dear Members,

Appreciate your urgent help. My wife has sent me summons thru the family court under sec CrPC 125 and I am expected to appear within 4 weeks.

The family court is in her homestate and quite far from my native residence. Can anyone please advise on the following?

1) Can a lawyer from my home state represent my case in hers?

2) Due to certain personal compulsions, I am unable to travel on the desired date. Can I ask for a reschedule of the dates? If yes, what is the procedure and grounds for doing so?

3) Can I approach my wife's representatives and straightaway ask for a out of court resolution? If yes, how can we proceed further.

Your urgent guidance would be much appreciated.

Thanks,

Mr. U. Shaikh

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6 Replies

(Guest)

Originally posted by : MR. U.F Shaikh

Dear Members,

Appreciate your urgent help. My wife has sent me summons thru the family court under sec CrPC 125 and I am expected to appear within 4 weeks.

The family court is in her homestate and quite far from my native residence. Can anyone please advise on the following?

1) Can a lawyer from my home state represent my case in hers?

Yes. But that will be too cumbersome. I adivce you better take services of a lawyer from the same place and not that of your homestate.

2) Due to certain personal compulsions, I am unable to travel on the desired date. Can I ask for a reschedule of the dates? If yes, what is the procedure and grounds for doing so?

Court will somehow accept your story of not being able to attend. But if you keep on postponing attending court dates, Court will pass exparte order under 125 CRPC which you cannot even challenge in any court.

Hire lawyer from same place, tel some cock and bull story for the time being, but do not prolong. Just filing a memo will be sufficient.

3) Can I approach my wife's representatives and straightaway ask for a out of court resolution? If yes, how can we proceed further.

Yes. You can do that, best option ahead!

Your urgent guidance would be much appreciated.

Thanks,

Mr. U. Shaikh

1 Like

Adv k . mahesh (advocate) 05 August 2013

1. court summons the other party when one party files a case

2. on the next date other party has to appear and take time will appoint a lawyer and he will argue

3. even lawyer will appear on your behalf and take time to file vakalat

4. the last question is very good if any chance for compromise then go ahead involve any mediator to solve the problem and settle the matter and withdraw the case before it gets complicated

stanley (Freedom) 05 August 2013

Follow the Proceedure as advised by Mahesh

(Guest)

Thank you so much esteemed members for your valuable inputs. Can I request for guidance on some more points please:

1) Can the defendant send a copy of the medical certificate on his own to the Family Court, seeking for rescheduling of the court date? Will it be accepted? Is it okay if the certificate is from a private doctor (genuinely who is treating me)

2) How does the procedure of the family court work? Can somebody please outline the details broadly?

3) Is it possible for me to get the case transferred to my home state? If yes, how and on what grounds would it be done?

I once again sincerely thank each and everyone who has replied, for their help. Very much appreciated.

Regards

shriks........... (healyhcare) 06 August 2013

1.any excuse for a date or 2 is o.k.......
2. its better to fasten your case in crpc.....it helps in long time.....
3. take the copies of petition asap so you get time to file proper replies.....
4. delay of dates may impose fine during submissions of your say.....
5. no need to get scared.......appear , file vakalatnama....take copies and your eligibl..e hired lawyer would handle the rest.....be in touch with him constantly

Adv k . mahesh (advocate) 06 August 2013

Court will not accept such tatics producing medical certificate, if position goes out of control then the court may summon the private doctor and question his liability so first go through a lawyer and he will do the needful like filing vakalatanama and taking dates

2) How does the procedure of the family court work? Can somebody please outline the details broadly?

every court will function normally and if you want the demonstration then once visit your local court like family court and you will have an idea how the proceedings go and explaining you wont get any idea

3) Is it possible for me to get the case transferred to my home state? If yes, how and on what grounds would it be done?

normally from state to state transfer means you have to approach supreme court and internal court means from one city to another city means you have to go to high court