swetha (house wife) 19 June 2013

Help-legal process

Hi,

One of my friend's wife estranged him around 18 months back and he now received a notice from the court asking him to appear. However, he does not have any details of the petition as it was not attached with the notice of appearance. He doesnt even know if she is asking for restitution, divorce or what. Is it ok that he receives a notice this way? I mean, if he has to appear in court, he has to be prepared. right? without knowing what is there in the petition, how can he be prepared?

Please help understand the flow of the process.

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7 Replies

498 A fighter (Advocate) 19 June 2013

what is the issue is it matrimonial dispute or some thing else?

unless and untill it not cleared nothing can be suggestable.

swetha (house wife) 19 June 2013

I think it may be a matrimonial dispute. He recieved a notice using Form No.11(Rule 15). Other than this, he has no idea what the petition is about and if it is actually for divorce or not also :(.

Neha Chowdhary (Law Officer ) 19 June 2013

hii...

u can appear before the court...ask for supplying you entire set of papers they filled before court.....seek time from court for preparing your case,appointing cousel,preparing Written Statement....

dont be panic......

By seeing papers u will come to know for what it is...

consult a good lawyer...for further litigation.

regards,

Neha

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 19 June 2013

Dear Swetha

I copletely agree with Neha

swetha (house wife) 19 June 2013

Thanks Neha. Is it possible that we do not attend the court and have only our lawyer attend?

Harsh (Manager) 19 June 2013

Actually your friend is lucky, he got a notice from court. He didnt have the police knocking on his doors (498).

as others have suggested, best is he should first go himself, collect the entire document and ask for time to arrange for a counsel.

498 A fighter (Advocate) 19 June 2013

If police came then just enquier abt it and go for AB. if court notice come and person is not at home then they will again come twice thrice. if a perosn go in the court without knowing from which court papers came then how he will search and where in which court and what for? so better first he go to post office then police station or the notice will serve to him again twice thrice so keep an eye over there,

if he know he did some thing notabble the he also know what paper are serving to him!

no need to wory about it ...