Steps to start a court case

I was also into similar situations.This is what my lawyer did to ensure that summons reach my husband:

Send a registered AD or speed post  to B preferabley at his workplace,because if you send at his home,he will be the receiver.So he may avoid receiving it.

If u send at his office it may be received by the reception which will surely take it as it won't know that it includes a court notice.and u will get the acknowledgement in a few days.if u dont get,write letter to the postmaster of the post office in india from where it was sent  and keep one copy of this letter with u after taking its "receiving" from same post office.they shud reply in writing.if this doesnt work ,write a letter directly to head post office(i cant recall wot it is called).for example i live in south delhi and the main post office branch is in central delhi.

they will send u a reply in writing if it was received.this will be another proof

for speed post there is a way to check online also about the receiving,or u can ask the customer care to send u a proof of delivery.

still if the notice does not reach him, send the notie to MEA or better still,to ministry of overseas indians(preferable) only after attaching ur lawyer's covering letter,one addressed  to the ministry and one to the indian embassy abroad(for example it may be addressed to consulate general of india of that embassy)..in the covering letter written to embassy ur lawyer shud write that this needs to be sent to ur husband THROUGH indian embassy of the country where he lives,since it's the court notice.

in the covering letter written to CGI,ur lawyer shud request the CGI to deliver the notice to ur husband...also send a self addressed envelope in ur lawyers name,to CGI,on which they can reply.their reply will act as a big proof.

i told u all the steps that were done in my case.now i dont know where ur hubby lives.so u shud still wait for a lawyer's advice here and not completely depend on my advice.

lastly,send one notice to ur inlaws also,as it will also be their responsibility to call ur hubby from abroad and it will act as a big proof,as parents are always in touch with son.

good luck!

Thanks , i would also want to know the importance of the pink slip , and the steps that happen in court .

Even the speed post has the pink receipt for the court i assume .

what are the steps to start the case in court as per my initial points.

if the receptionist accepts the speed post but does not return the pink slip then ?

how does the court take it ?

Hi

Could any one expalin the steps from the point of view of both parties?

@ Author

I have already answered your previous enq. And I fail to understand why same que. asked again? However for your peace of mind I am investing para wise time again;

1. Person A wants to file a case (dv act) against person B, Person A does the formality with a lawyer and files a petition in court
Anyone in India can file any kind of case and it is in-thing. So what is a big deal here that she is filing a DV case against you!

2. The court send the summons to person B, (person B is out of India) on the request of the lawyer of Person A
Yes, this is the procedure under DV, Party A’s ld.  Advocate fills in Process Form as per admission hearing Order under 7 days and at the Memo of parties Address (of party B) Notice is serviced. In your case since you are overseas, the Notice is served as regd. Post with A/D. Normally for Court purposes a ‘Pink’ A/D slip is used.

3. Person B gets the summons but forgets to return the pink slip which i assume is the proof of receipt of the summons
It is assumed as deemed service. However if Court is not convinced as you say you forgot to return the pinky back then Court Orders to re-serve Notice to Party B and Ld. Advocate of party A follows again the first 2 lines of reply under Para 2.

4. Does the lawyer of person A has to file an affidivat to prove that the summons have been recd by person B?
Not necessary otherwise also he may file a Service Affidavit and DV act is having lots of flexibility and a MM can make her/his own Rules.

5. If the court start giving dates, is it for person B to appear or is it for  the person A's lawyer provide the proof that the summons have been recd or request the court to send another summons to person B ?
Repeat que. read again explanation given under para 2 / 3 reply.

6. Person B gets a call from the indian embassy outside india to confirm his address and mentioning that he will get some letter , but even months after no letter is recd by person B
In this case it is headache of Indian High commission / Indian Consulate General’s office which needs chasing by Party A and not by you !

7. Can the court issue exparte against oerson B for not attending court without the pink slip ?
See it is within your special knowledge that you already received the Summon and have knowledge of a Court case whose lis is pending against you in a particular Court. Now, it becomes your duty to defend yourself by appearing in person or via a Counsel and if neither is done on the stressful pleadings of Party A under DV Act an ex-party interim relief may be granted. Pink slip is not the beginning nor the end of all your worries so be careful when you are aware of a case against you then take necessary steps to defend yourself.  BYW, Party A’s interim relief meter is already done once she got the admission Order so you are going to be always at a disadvantage position in the longer run by trying to avoid representation before concerned Court.

8. Can the court dismiss the case as there was no proof that the summons were recd by person B?
A DV case due to lack of service is never going to be dismissed and even if it is dismissed on any other grounds during first or two hearings it can always be re-instated by Party A and since its inception in 2006 I have not heard a single DV case dismissed due to lack of Notice service issue.

9. Can person A restart the case even if one month is passed after the case has been dismissed?
Yes.

10. What would happen if exparte was issued by the court ? will the notice of exparte be sent to person B?
Ex party proceedings means your side is not heard and Court based on available material before her makes a decision / order accordingly. No Notice (further) is required at ex-party hearing stage,

Thanks Tajobsindia for the reply,

As you mentioned that  No Notice (further) is required at ex-party hearing stage,

After the first summon, there has been no reservice of summon ,   What i have heared that the court orders to freeze the assets or bank accounts after exparte , is this true ?