KARAN SINGH (SERVICE) 26 September 2012

Non acceptance of summons

dear experts;

i seek the experts advice on how to use the delay in accepting the receipt of summon by my wife

2. on 23 may 2011 sec 9 was filed from Nainital family court by me and at the same time (20 may 2011) after 6 months of deserting house wife files sec 13 1 a from lucknow .In her notice she mentioned her permanent address and temporary adress both .However the truth of temporary adress at lucknow is questionable as it seems just to prove her jurisdiction she has given some relative/lawyers address.I filed GWA from lucknow as well since till today shehas kept 5 yrs old daughter forcably isolated from father by not allowing to speak or /meet her with father

3 meanwhile six to seven times the notices of sec 9and sec 26 were send to her permanent residence from where they were returned stating respondent not living there the same was also send to the adress given of lucknow but it was also returned back un attended . PROCESSOR WAS SEND TWICE FIRST TIME HE REATURNED BACK STATING ADDRESS IS CONFUSING HOWEVER WHEN JUDGE BECAME STRICT SECOND TIME PROCESSORS SUMMON WAS RECEIVED

however it was all this running around and finally after 6 months they received the summons and filed appeared in court seeking for time

already they have acheived aim in legal battle to keep daughter isolated from me and will ask for more time so that finally daughter forgets the father

4. Can this fact be brought out in some form which can give a good counter and The ladies MISUSING RULES FOR HARASSING HUSBANDS can be brought to justice

geNUINE ADVICE SOLICIATAED PLEASE

Reply Follow

3 Replies

Tajobsindia (Senior Partner ) 27 September 2012

You see there are two straight forward advise to your facts, take the one which you can digest coming from me;

1. Nothing you can achieve by showing process delay on service attempts made to a temporary address.

2. There is no Rule of the Court that next date of proceedings cannot be plead to brought back to an early date then cumulatively pushing it to total 6 months delay ! I will now explain this bitter pill to you like this;

No Court can stop you not to request for Dasti Summon of Notice means by hand service of Notice to defendant / opposite parties. In this procedure what happens is showcause Notice service responsibility is on your shoulder with proof of service affidavit submition in court before next date of hearing along with encouraging Court server to submit his report too before next date.

Once you get this responsibility all you could have done was to go to Process Servers Office in the Court complex and requested the Section Chief to deligate a process server to you to service a dasti service on defendant's temporary address as well as on her permanent address. You do come to know first hand if the address are correct or not and corrective measures then and there could have been taken to proceed on ex-parte showing sensitive child custody / visitation matter or may be a expensive HCP. All these are persuasive self governed procedures adopted by a vigilant litigant on self reliance basis.

If you counter to us that the permanent address was that of out of LKO then via her juridiction local SHO Dasti Summon Notice could also have been asked for is my rebutal. If you say none of the address you could have known on first till seventh time to be found to be true then here my last rebuttal – i.e. no one stopped you not to do file inspection at LKO Court of her Divorce Case File to discover Vakalatnama of her Lawyer and simply could have asked on fist day in your S. 26 case service notice also to her Advocate Chamber. Now don’t tell us that her advocate also she changed 6 times in 6 months and or her advocate never had any Chamber in whole of UP / UTK so you did not knew her advocate’s address.