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Nishant (abc)     19 October 2011

Dv case - respondent is not coming on hearing dates

Respected Forum Members,

The DV case was filed in on 1st Dec 2010 in Delhi KKD court, first hearing date (interim date on which respondent was not called) was given for 06th Dec 2010.  The next regular hearing dates were 16th March, 2011, 16th July, 2011 and 29th October, 2011.

Main Respondent has not come to court for any of above dates, as service of notice has not happened, he is residing in noida.  For the coming date, Summons are being processed thru SHO concerned / SSP District (Noida). By following up with police officials, it is yet not ascertained whether the summons are still under process, or has been presented to respondent or not.

In our knowlege, the respondent is very much aware about the case, and in a telephonic conversation with some near relative, has told that summons are coming to him, but he is not accepting.

In the latest order for processing of summons, court has not mentioned any of the following

1. Affixation on the wall etc.

2. Sending thru email

3. Other means like sending speed post to his residence, office, by the petitioner

or

4. even sending a letter to the MD of the company requested him to inform the respondent (employee) to appear in the court on said date.

My query is that, if court has not mentioned these things in court order, it has ordered that "summons are to be processed by SSP concerned" ,

Can the petiioner on her own try to send the communication to respondent by using any or  all the above four method. Can there be any adverse bearings of such action.

Nishant



Learning

 3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 October 2011

Dear Nishant

if on this hearing the respondent not appear before the court and the summon return without remark or with remarks then approach to hon'ble court for substitutive mathod of process the summons or passed an ex-party order agaonst him,

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     19 October 2011

Send the summons by REgd., A.D.thru., court.

Nishant (abc)     20 October 2011

Thanks Nadeem Ji and Rajeev Ji for your kind replies,

 

The summon was sent thru Speed post in previous hearing date, and website of postal deparment shows, "Not Delivered" on enquiries made to the concerned postman, he said he went to the house three times, but concerned person was not available, so he left a message for the concerned person to collect it from post office. Secondly postman always visited the house between 11 AM to 3 PM the time, when he was in office.

My specific query is whether petitioner can use any of above forms of communications for the coming date, even if these are not explicitly written in court order.


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