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Anis (Asst. Manager - Sales)     20 August 2013

Serving notice

Dear All,

Interim maintenance was passed in DV Act in MM court. I appealed against the order in Sessions Court. I filed all my papers and sent a notice to my wife regarding the date of Sessions Court. She managed the postman and the notice was returned to my lawyer with the comment UNCLAIMED.

Now my lawyer says that if the notice is served to my wife, nothing will happen in Sessions Court. If she keeps managing the postman then we cannot do anything.

My query is that if a person keeps on avoiding the notice then how will Sessions Court proceed in any case.

Is there any judgement that if we have tried to serve the notice 3 times then the court assumes that notice is served.

Can I get the notice served through the Sessions Court.

Is there any other remedy available to me as I am paying heavy Interim maintenance and facing lots of financial problem.

My lawyer also says that Appellate Court does not pass ex-parte orders also.

So if my wife doesn't come in Sessions Court then nothing can happen in my appeal.

Please advise.

Thanks & Regards,

Anis



Learning

 10 Replies


(Guest)
Originally posted by : Anis

Dear All,

Interim maintenance was passed in DV Act in MM court. I appealed against the order in Sessions Court. I filed all my papers and sent a notice to my wife regarding the date of Sessions Court. She managed the postman and the notice was returned to my lawyer with the comment UNCLAIMED.

Now my lawyer says that if the notice is served to my wife, nothing will happen in Sessions Court. If she keeps managing the postman then we cannot do anything.

My query is that if a person keeps on avoiding the notice then how will Sessions Court proceed in any case.

Is there any judgement that if we have tried to serve the notice 3 times then the court assumes that notice is served.

Can I get the notice served through the Sessions Court.

Is there any other remedy available to me as I am paying heavy Interim maintenance and facing lots of financial problem.

My lawyer also says that Appellate Court does not pass ex-parte orders also.

So if my wife doesn't come in Sessions Court then nothing can happen in my appeal.

Please advise.

Thanks & Regards,

Anis


Boss who told you that you have to send notice on behalf of sessions court to your wife???


And I do not understand what your lawyer is doing?


When you have moved to sessions, the court itself will issue notice via RPAD to your wife to appear before court.  If such RPAD has been returened then Court will issue summons via local police station and she has to appear before court.


Failing to appear in sessions court in total means only one thing, the entire DV case will be dismissed say after 3 or 4 dates.  But do not be surprised if your wife appears in  sessions court just on the day of passing of orders of dismissal telling she was not well blah blah blah and to give one more date to file vakalath and objections subsequently.


(Guest)

Change your lawyer ASAP.

Anis (Asst. Manager - Sales)     20 August 2013

Dear All,

Thank you very much for your valuable feedback. How do I get the Sessions Court to send RPAD to my wife. Do I have to give an application in court.

Thanks & Regards,

Anis


(Guest)
Originally posted by : Anis

Dear All,

Thank you very much for your valuable feedback. How do I get the Sessions Court to send RPAD to my wife. Do I have to give an application in court.

Thanks & Regards,

Anis


Dear all??? how do I get sessions court to send RPAD to wife is your question. First your lawyer has to file vakalathnama/vakalath with due fees paid, stamped. Then a case number is alloted. Your lawyer has to take down that case number and file a revision petition in the sessions court stating all the facts. Automatically the sessions court will send RPAD>>>>>summons etc. Anis, do you have a lawyer???

Anis (Asst. Manager - Sales)     20 August 2013

Yes I do have a lawyer. Vakalatnama is filed with all court fee stamps also pasted on all papers. Case No. was also allotted. We served a copy to PP also and as advised by my lawyer we sent a copy of the papers to my wife also. Next date  the judge asked me that have you served the respondent. I informed that we had sent it once but it has been returned. So he said you have to send it again. The judge didn't say that Sessions Court will send RPAD. Thats why now I asked whether I should file an application in Sessions Court to send the notice through RPAD. Now next date is 22/10/2013. Now I am confused what to do.

I informed my lawyer about your reply. He said private service through lawyer is allowed. So I told him to do that also. But I also want to send it through court. Please advise.


(Guest)
Originally posted by : Anis

Yes I do have a lawyer. Vakalatnama is filed with all court fee stamps also pasted on all papers. Case No. was also allotted. We served a copy to PP also and as advised by my lawyer we sent a copy of the papers to my wife also. Next date  the judge asked me that have you served the respondent. I informed that we had sent it once but it has been returned. So he said you have to send it again. The judge didn't say that Sessions Court will send RPAD. Thats why now I asked whether I should file an application in Sessions Court to send the notice through RPAD. Now next date is 22/10/2013. Now I am confused what to do.

I informed my lawyer about your reply. He said private service through lawyer is allowed. So I told him to do that also. But I also want to send it through court. Please advise.


Why did your lawyer take pain to send it privately? Even if, he should have sent it in his name and letter pad from is office address, but he has asked you to do it, why I cannot understand.

Even if judge asked whether respondent has been served, it was the duty of your lawyer to do it on his own.  You nowhere come into the picture, being the petitioner.  IF you were not to have a lawyer, then judge can ask you, did you send notice to respondent.  Here you have vakeel, and vakeel is not doing his job?


You change this lawyer.


Next date find some other lawyer.  In open court you tell to judge that you have sent it thrice, but it has not been accepted and press that the case be dismissed in toto.


Or.


You ask the judge to send summons to the respondent [ie your wife]  which the judge will gladly do.  Even after summons issue if respondent does not turn  up, press for dismissal of such DV petition.

Anis (Asst. Manager - Sales)     20 August 2013

My lawyer had sent it on his letter pad and from his office address only. But he remained absent on this date. So the judge asked me.

Now we will try two more time and then on next date i.e. 22/10/13 we will file an application for the court to send summons to my wife. 

Will this be right.


(Guest)

Yes. Ask judge to send summons via local police station. And do not keep quiet if she does not appear. Press agressevily for dismissal of case.

Anis (Asst. Manager - Sales)     20 August 2013

Thanks a lot for your reply. Yes we have spoken earlier

stanley (Freedom)     21 August 2013

Collect copy of the summons go to the post office and sent the same by RPAD . The same can be served on their advocates chamber or it can be served on the date at which they are going to appear in the trial court .  Its high time you need to change your lawyer if he isnt assisting you with this simple task .


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