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priti (nothing)     20 August 2014

Maintenance case

hello to all the experts here,

My maintenance case is running in the court for more than a year. summons served but nothing came back. on the last to last hearing the honorable judge sent a letter to the police asking about it. now on the  last hearing he finally told us he can't do anything unless police tameel na karake wapas bheje. What should i do. pls help.



Learning

 1 Replies

Tajobsindia (Senior Partner )     20 August 2014

1. Go to Court Registry and seek information on date of dispatch and receiving by whom of Court Notice to jurisdiction police station. 

2. Then approach Jurisdiction Police Station and file an Application filled with para 1 details and seek written information on its Service details. 

3. Most often work is speedup once para 1 followed by para 2 is acted upon. If not then what information jurisdiction police station gives to you in writing take the same with stamp/signature of Authorised Person from police station back to Court and follow next para

4. Seek from concerned Court fresh Order for Dasti Notice via jurisdiction Police Station.

5. In this mode Applicant - Petitioner can take by hand the Dasti Notice to Jurisdiction Police Station and present it to SHO to allot to Applicant - Petitioner a Beat Constable to accompany Applicant - Petitioner to service Notice to party in his Jurisdiction followed by Sworn Report of its Service (being served) to party in question filed with Court Registry. 

6. Alternate option is to file an RTI with requisite fess as per Rules addressed to Jurisdiction Police Station to give 'information' such as;

- When the Notice from Court was received by jurisdiction police station?

- The Diary - Register Entry number of Court Notice with true copy of Register - Diary Page?

- Beat Constable full name, belt number allotted to serve the Notice from Court to party?

- True Copy of Remark(s) of Beat Constable on number of attempt(s) made to serve the Court Notice to party?

- True Copy of Service and/or No Service of Notice submitted to Court Registry by jurisdiction Police Station along with True Copy of Register entry? 


PS:
A litigant should not roam around sounding helpless now.


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