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Prasad (Security)     13 November 2015

Maintenance

This is for my brother who is working abroad He married in march 2015 and his wife stayed with him in home town for only one month as he left abroad He stays earlier with me and now one letter from family court came in his name I do suspect it is for maintenance as i do know they have some problems He rings only me once in a month and i do not know his address in abroad letter was send to my address with his name as he was not here i do asked post man to send back saying he is abroad( his wife knows well) what i have to do and request course of action


Learning

 5 Replies


(Guest)

It is your brothers headache, dont take the post, give 500 rs to postman and ask him to send it back as it is from court. If you recieve it, it is as good as your brother recieved it and it will lead to unnecesary complications, and if anybody ask dont tell where your brother lives abroad, as he might even end up in jail because of your ignorant behaviour.  All the best.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     14 November 2015

You are not liable in anyway. Remember this . Depending on the nature of the case , the summons might be served upon you . Adult male members of the family can be served with a copy of the Summons in some cases but only if the original addressee stays with them . So next time Such a post comes, tell the process server that your brother doesn't stay with you anymore . That's all

SAINATH DEVALLA (LEGAL CONSULTANT)     14 November 2015

Where is his wife staying,separately or in her parental home? husband left wife after one month of marriage ,something more is there for a legal suggestion.How do U presume the summons are for maintenance when no one has received them?

VIJAY K. TEOTIA (ADVOCATE)     14 November 2015

Legally you can refuse to accept notice or summon issued to your brother. You simply tell this person does not stay here. Ask postman to write this wordings on the envelope as "address incorrect" or "the person does not reside at the address mentioned on notice".

Anand Bali Adv. (Advocate Solicitor & Consultant)     14 November 2015

Since yor brother do not stay with you and you donot know his where abouts also but inspite of that you have received a court summon addressed to him in this condition you may attend the court saying that inadvertently you have received the summons addressed to your brother for which there should not be any liability of service to him.

In this scenario the opposit party the petitioners will have to take the substitute way of summoning through court and the said summons will not be recognised as served to the person for whom it is made.

Other to it if you do not take any step and do not submit in court stating so the case can be treated as duly served and in this case after some time the exparty decision can be taken against your brother by the court. Pl. note.


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