Help me please!!

IT Professional

Hi All,

My Mother-inlaw and my wife has sent me notice under section26(1) civil procedure code, that myself and my family members including my sister and brother-inlaws should not trespass or go near ther house. I am the only person who was going near there house only to take my kid and drop him back in the evening which they want to stop now and sent me this notice. what should i do?.... please do let me know......

 
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Legal Manager

You can appear before the court and file your reply to the case.

 

You can also move an application in the same case for custody of child.

 

 
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IT Professional

Thanks for your reply Krishan.

As per the court notice, i along with other 5 defendents need to go to court in june 2010. so, till then cant i go and get my kid? If you hav any legal ways, please do let me know... Thanks in advance...

 
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ADVOCATE & DIRECTOR

UNTIL ANY RESTRAINING INJUNCTION ORDER FROM COURT U CAN GO AS USUAL , BUT U CAN CONTEST CASE FOR NOT PASS SUCH ORDERS WITH AN ADVOCATE HELP FROM THAT AREA  IN THE NEXT HEARING.

 
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IT Professional

Thanks for your reply Janardhana sir!!

After i got the notice, i went my jurisdiction police station and enquired with sub-inspector and ther i came to know that my wife has given a complaint two month ago against me and my old aged parents and also included my sisters and brother-inlaws who are married 10/11yrs back and stay seperate since then. I am worried on this and police have not registered any case yet. The complaint is well drafted and also copied to commissioner of police, ACP, DCP, Womens Police, Local Jurisdiction Police station, NHRS and also to Press TV... After i discussed this with one of my friend who is a law student, told me that, there is big game that is being played against you.... so what can i do in this situation... Complaint is not registered yet....

 
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Advocate, Chennai

Since the court is already seized of the matter, police cannot proceed with the complaint.

 
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IT Professional

Thanks Gurunarayana!!

Actually, the notice i got from court is from my mother-inlaw and the complaint that is in the police station and copy to CP,ACP, DCP,etc.... is given by my wife in which she has sais that i attempted to murder her, i slapped going to her house, i pushed her mother and she fell down, i will kidnap the kid and destroy there property...etc... so, i dont know what will this complaint lead to....request experts inputs and guidence on this... :(

 
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Works In Judicial Department

In the said suit for injunction filed by your in laws, though the case is posted to the month of June, you can file a petition for advancment of the case by apointing an advocate, and  after after that, file Counter in the I.A  and let your counsel argue on the same day so that the order vacating the injunction be passed by the Court. In the criminal case, if you are apprehending any arrest, it is better to get anticipatory bail from the High Court or Sessions Court.

Kiran P.V, Legal Consultant, Hyderabad, Ph:9490127914 

 
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IT Professional

Thanks Kiran!!

I shall check on this regard with lawyer and mean while any other help on my case is appreciated.

Thanks & Regards,

Adam

 
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