Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Vishwa (translator)     28 October 2009

How to avoid court attendance?

I have received a summons in connection with a maintenance application filed by my wife. While I am not trying to run away, I would definitely like to have some breathing space so that I can properly prepare my defence. Please suggest some good excuses so that I do not attract the wrath of the judge! It may be noted that I am seriously ill with multitude of diabetes related problems.

Many thanks in advance.

Vishwa

 



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 6 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     28 October 2009

Dear Vishwa,

As you are saying that; " I have received a summons ", ....if you received and acknowledge the receiving of summon either by Postal Department/Courier Post or By Court Bailiff....then no way left,  except to appear before the concerned Magistrate, and seek time to engage an Advocate and to file counter.  Then from next date of proceedings it is the burden for your advocate, no need to prepare by yourself for the defence.  

After ' First Appearance ' only your advocate will file a petition to 'dispence with your attendance'. so all the excuses are at latter stages only.

Or otherwise, if you don't appear on the date of hearing mentioned on the summon, either personally or by counsel, Non Bailable Warrant (NBW) will be issued by the concerned magistrate against you.

As you received summon, your time already starts from the date of receiving of summons to file counter/Reply in maintenance case; if there is 'Interim Application (Crl M.P.)' then 30 Days to file counter and for Main Case (M.C)  90 Days.  so how can you avoid from this, if you won't file reply as above within limitation, then fine will be imposed and then Ex-parte Order will be passed.  

Vishwa (translator)     31 October 2009

Dear Aejaz,

Thank you for your kind words. But you are not aware of all the facts. The court where I have to appear is notoriously corrupt. I have myself paid out in the past several lakh rupees of bribe money. My wife and her paramour, a prominent local goonda with a wide reach, have already made a "setting" there so that the case is bound to be decided against me and further humiliation and indignities are not excluded. I am trying to move the highcourt so that the case can be dealt with in another court.

I have no faith in the Indian judiciary, you can read in the newspapers daily about highlevel corruption of judges. The police are no better, you can also read everyday about the cops staging fake encounters.

All the same, if anyone can show me a way whereby I can get some breathing space, it would be very nice.

Thank you in advance

Vishwa

vivek dhavalikar (advocate high court.)     02 November 2009

you also claim for your medicnal expense from the court./

K. Rajendra Prakash (Advocate)     05 November 2009

I suggest you to appear before the court and get the matter settled as early as possible.

You cannot avoid payment of maintenance to your wife if she has means to maintain herself.

K. Rajendra Prakash (Advocate)     05 November 2009

I suggest you to appear before the court and get the matter settled as early as possible.

You cannot avoid payment of maintenance to your wife if she has no means to maintain herself

H.D.Kumaravelu (Advocate)     07 November 2009

Vishwa ji,

If your have evidence of your wife living in adultery, under law you need not pay her maintainance. You must know one thing in life, that giving bribe is also an offence, You having done that in past cannot find fault in Judicial system. Belive in it " Truth alone will suceed ".


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