Summon a document 91 cr.p.c.

Sir, wife has sent summons first time and they were received in crpc 125..

later she sent a second summon as husband did not attend after receiving first summon.

the second summon was refused. does court treat first summon as binding on husband and proceed ex parte?

Dear Abhi,

If the service of the first summon is not served effectively on the husband then only the court order to serve the second summon. In case the first summon is served correctly on the husband then if the court feels it sufficient then it will set ex-parte. 

In your discussion, you have mentioned that wife sent second summon that means court ordered her to send summon as the first summon is not served effectively. As mentioned by you, the husband refused the second summon. If a person refuses to receive summon then automatically the court will set him ex-parte and will post the matter for the petitioner's evidence. Based on the petitioner's ex-parte evidence it will dispose the matter.

Thanks and Regards,

Shyam,

Advocate, Anantapur.

Mob: +91 7382417512.

Thank you sir,

in my case 2nd summon was sent because, the notice regarding my receipt of first summon reached the court late ( after  the date of  first heraing). by that time court has no info that it reached me as the acknowledgement is in transit. 

my question is now after 2nd summon is issued court got the acknowledgement of fist summon. i returned second summon without taking. so what will happen now?

Dear Abhi,

You have mentioned that you returned the second summon and it is deemed refusal and you will be set ex-parte if you donot attend the court on the date of adjournment when the court posted the case. 

Thanks and Regards,

Shyam,

Advocate, Anantapur.

Mob: +91 7382417512.