Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Uma Maheswara (consultant)     25 July 2017

Highcourt notices not received by wife

Hi,

I had filed a petition in the High Court of Telangana and Andhra Pradesh U/s.125 Cr.P.C.maintenance matters,  the notices are sent to my wife staying in Rayagada, Orissa state but it was returned as "incorrect address, hence returned" this is the same address she had provided in her petitions in Visakhapatnam court. I informed the same in the Visakhapatnam court and the court is aware that the case is pending in High Court, Two times the notices sent by High court are returned as "incorrect address, hence returned"  and the case is pending for the last 18 months and nothing happended and my lawyer is telling me to wait further and nothing can be done. I am paying 3K per month as maintenance to my wife. Please advice me

  1. Should I file a case for dismissal of the maintainence as my wife is not receiveing the notices
  2. The lawyer at Hyderabad is giving false excuses saying that my wife has to receive the notices otherwise nothing can be done, is it correct?
  3. I plan to change the lawyer, Please suggest.

Thanks and Regards,

Umamaheswara



Learning

 10 Replies

Siddharth Srivastava (Advocate)     25 July 2017

There are other mode of services of notice/ summons like affixation, publication under order 26 C. P. C. so adopt also alternative mode. As per General Clauses Act the notice sent on last known address is sufficient and are deemed to be served. File necessary application with prayer for service by alternative mode. You can also take 'Dasti' (By hand) notice and serve then in court where she is going to appear. So go ahead.

1 Like

Uma Maheswara (consultant)     25 July 2017

Sir,

For Publication in newspaper we need to get the permission from the court?

Thanks

Umamaheswara

Siddharth Srivastava (Advocate)     25 July 2017

Yes, by filing necessary application seeking permission of court.

Sachin (N.A)     25 July 2017

You may give her notice, during the court proceedings in which she is appearing.

G.L.N. Prasad (Retired employee.)     26 July 2017

When a competent Advocate is handling your issue in AP High Court, is it not proper to ask him the laid down procedure for completing the formality of issuing summons  instead of seeking guidance in a public forum ?

Further this is not question of law but laid down court procedure in such circumstances, as this is general tactics to delay the proceedings.

1 Like

Uma Maheswara (consultant)     26 July 2017

My advocate is handling the case from 2013 and in Feb 2016 the notices were sent to my wife which got returned and after that he has not anything even thou I asked him many times what needs to be done for further action, so I requested in this forum for suggestion. As you said "general tactics to delay the proceedings" what benefit will I get with this?

When my lawyer is not sharing information what needs to be done, Is it wrong to seek suggestions or procedures to speed up the case?

Ms. Usha Hegde (CEO)     26 July 2017

Without your advocate doing anything, no suggestoin will help.  Actually when you have a advocate, it is useless to seek advice.  You cant advice a advocate.  But you can change present one.

2 Like

(Guest)

That is true. Advocates just pretend during initial consultation that they will listen to you but they'll never listen to you and just do whatever they want. 

1 Like

Adv Radhika Mehta (Advocate)     26 July 2017

What i understand from your query is that you have challenged the interim order of maintenance granted to your wife u/s 125 in the High Court. Why dont you serve her in the vishakapatnam Court on the next date of hearing?

1 Like

Uma Maheswara (consultant)     26 July 2017

I verified about this long time ago of serving the notices in Visakhapatnam court but the High court advocate said that for serving of notices to my wife at Visakhapatnam court hearing we need to have the permission of the High court, we cannot directly give it until the high court directs us  to do the same. I don't know if it is true that we need permission from high court.


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