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Sun Star   15 April 2019

Summon for DV case for NRI

Summon for DV case from district court was sent to my parents house but I live abroad hence my parent didnt accept DV summon based on lawyer inputs. Now will district court try to summon me on my foreign address or issue a bailable warrant for me to appear in front of court by a fixed date? What is common practice? For 498a FIR, how local police authority make/force NRIs to join in investigation immidiately ? What if in case NRI not able to travel/take vacation from work immediately? Look out circular a possibility? Thanks in advance for your reply.


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 1 Replies

Sharmishta P Raj (nil)     19 February 2022

Since a summon for a domestic violence case from the district court was sent to your parent's house, it is reasonable to presume that the notice is a valid one.
In such a circumstance, where you are aware of the notice (via your parents) but do not appear in court or are not able to travel/take a vacation from work immediately for the same, the court can issue an Ex parte order, which means that the other party can present their case to the judge without the presence of the opposing party during the hearing. Ex parte orders are always temporary. The party who received the order will be needed to serve it to the relevant parties as momentarily as possible after issuing and enforcing the order. The other parties affected by the ex parte order will be allowed to present their arguments scheduled on a new hearing date at which all parties will be heard.
In such a case, you can file an Ex parte application with the court, which is a legal proceeding initiated by one party without the participation or presence of the opposing party. This is a peculiarity to basic court procedure, which states that both parties must be present at any argument or proceeding and that neither party may contact a judge without first notifying the other. Ex parte proceedings typically involve emergency requests and frequently result in temporary orders pending a hearing on the matter. 
Filling out a form with standard information such as the case name, court's name, parties' names, and relevant reason for ex parte application is part of filing an Ex parte application. In addition, you must fill and notarize an affidavit outlining your specific reasons for requesting the ex parte motion.
Thus, to answer your query precisely:  Even after receiving multiple adjournments (three to four adjournments), if you fail to present yourself in the Hon'ble Court, then you might receive an Ex parte order to which you can file an Ex parte application.

I hope this helps you.

Thank you!


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