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HARRY (ACP)     14 April 2014

Relevance of hiding the residence address

My son who's got married in 2004 and since then staying separately with his wife and during

this period of wedlock they got a son who's also staying since he born with his parents.

 

Few months back my sons wife left her husband house with the reason of her brother's marriage.

but since then, not come back. My grand-son is also since then staying with her mother as his

mother got him along while leaving her husband house.

 

Last month somebody who claim court-personal came to my house to deliver the court-notice 

of my son who as I said earlier not staying with me. I explained him the same and requested

him to deliver my-son's court-notice at his residence address. But in few days time later again

a post-man came to deliver the same at my home address. I explained him again that my son

does not stay with us better serve court-notice at my son's residence address. This time post-man

had written something on the envolape he came to deliver.

 

In view of the above submission, I want to write a letter to the Judge of the concerned court

to bring the wrong intention of petitioner. 

 

In letter to Judge, I want write the fact of ACTUAL residence address where my son has been 

staying with his family and the wrong intention of petitioner of hiding

the facts of not mentioning the actual residence address (where petitioner along with her son 

had also been staying with him before leaving the husband house) to mislead the court.

 

Hence, my request is to guide me if I can bring the kind notice to the concerned Court through this 

letter so that further court-notice may please be served at my sons residence address instead

of my address.

 

 

HARRY

 



 2 Replies

Tajobsindia (Senior Partner )     14 April 2014

1.    Under Civil procedural laws the facts points to ‘serving of summon – court process’.

2.    If you are not party to the alleged suit matter by name I would suggest informing your son about court processes and letting him being adult take appropriate legal remedies for himself.

3.    Appearing in person in concerned Court or writing to ld. judge when you are not made party by name does not make legal sense as concerned Court is following summoning process as per given address by a opening party (i.e. by your DIL). May be she now does not know if your son still lives in same rented house which she once occupied with him?

4.    However if you are preview to Court number – Court address - case number details – ld. Judge name etc. then you may write a registered post acknowledgement due (RPAD) letter to the concerned District Judge in short a 'protest letter' directing him to forward your letter to concerned Court mentioning correct correspondence address of party i.e. your Son for all correspondences from Court.  But the moment you act upon so the ‘service of summon’ process will be seen as complete by DIL party and then the legal proceeding against your son may proceed in accordance with Law where your son does not make an appearance.

5.    Well if you are fearing some rebuttals of some kind from your DIL or sensing fishiness in all these then also it is advised to inform your son about court processes being sent to your address instead of his rented address by his wife and tell him to take appropriate legal remedies at the earliest.

ANAMIKA VICHARE (LAWYER)     30 April 2014

If you know the address of your son, you better inform him and ask him to present in the court

else now that the Opp party has played a litle bit fraud ....and the Postman will give remark of intimation...which will be construed as service of summons and the matterwill be heard ex-parte so do not waste time or you can also send  a letter with AD card, or else u go personall attend the court in person and give letter to that effect


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