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Raj patel (Manager)     16 December 2011

Urgetn 1st summons missed

Dear Friends/Experts,

I am writing after long time. I have 498a case going on in Ahmedabad court, found good lawyer so all is well, The questions I want to ask today are for Divorce & Child Custody.

My wife filed 2 cases in Punjab and I live in Gujarat. I have received both summons together via postman on 10th of December but I found out that one of the summons was for 4th of December which of course I missed. The other one (Child Custody-which is not valid as daughter lives me so they case can only be run in Gujarat) is on 22nd Dec. but I am very much affraid that if I go there to even answer the judge my in-law who has very good political background will attack me for sure! They are heartless people and do not care of laws. They may not even allow me to attend the court. They have very good relation in local police as well.

I want to know:

Is there any chance to transfer both of these case without me going to there? I do not want to hire lawyer from Punjab because I know they will buy him. If I get lawyer from Gujarat, it is going to be very expensive and stil I can not trust him.

My present lawyer who is very professinal and expert do not go out side of Gujarat.

There must be someway around these. Please experts share your ideas.

thanks and regards



 11 Replies

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil     16 December 2011

You have to go to Punjab no easy way out, for transfer you have to go to SC.

Raj patel (Manager)     16 December 2011

What about the missed date for divorce?

Raj patel (Manager)     16 December 2011

Dear friends;

One more thing to clarify; As per my understanding because we married in Gujarat and my daughter lives in Gujarat since she was 1 (She is 5 years old now), she can not file both cases there.

She falsly wrote in complain of above cases that we got married in Punjab, but we got married in Gujarat. Can not I send some explaination letter with marriage certificate to Judge or something like that?

If nothing is possible ( All the cases are false) then how can I streach the time, I mean can avoid going there this time and wait for next summons.

Do judge (if influenced by my in laws) has right to run ex-party case without sending me 3 summons and then warrant or somethinhg?




Tajobsindia (Senior Partner )     16 December 2011

@ Author

1. Once a party has special knowledge of a pending case in any Court of Law he should make all visible efforts to either appear in-person and or even via his men / agent / pleader and service the case and one cannot take refuse of self understanding and self applying Law though “acquired jurisdiction reasoning here” may be wrong admission by her on point of Law but it is nobody's case at this juncture interpreting your two brief I say.

2. Your refuge is into moving TP (civil) before SC clubbing divorce / custody cases transfer to your jurisdiction and simultaneously offer her side conveyance + lodging / boarding expenses on hearing dates and also make a effort before Hon’ble Bench to (special) plead to direct lower Court to finish the respective civil cases in time bound fashion i.e. in your jurisdiction once relief conceded keeping in view intra-State travel concerns of a lady! However if same relief is offered to you as a test then do accept but with a rider “provide me police escort” now see what possible respected Bench offers as solution to issue in hand
J One should play civil cases in all fairness.

I say she is within her legal rights to file divorce case in her jurisdiction as S. 19 HMA permits her to do so. She is also right to file custody case in her jurisdiction by prime facie pleading at admission stage that child was removed from her (child’s) original jurisdiction forcefully by you (now ask yourself were you / your side there at admission stage to say otherwise) That is how cases gets prime facie admitted ! For the first (divorce) case TP (civil) before SC is the way out based on life and limb aprehensions. For the second case again TP (civil) is the only way out unless via a pleader you submit objection w/s of yours on Jurisdiction and challenge her say in custody case in concerned Court in
Punjab. For the same I say all your apprehensions in comfort of behind a desk are wrong and same can be done by RPAD w/s stating your side’s "preliminary objection" is all that is needed to be filed in Registry Office of Punjab’s concerned Court if life and limb is cause of not attending concerned Court with instruction / request to Registry to transmit your w/s papers to concerned Court before Next Date of hearing. Later via life and limb RTI (as you have 498a your category falls under 48 hrs. RTI reply) ask status report of your w/s containing preliminary objection and if any Order from concerned Court on the same and meanwhile move TP (civil) before SC joining both divorce and custody issue in one TP (c).

4. You cannot have both natures of relief i.e. not go to
Punjab and yet want that she should not file anything and she sit in meditation! All these thoughts are against the principles of natural Justice equity in play when cases on floor of some or the other Courts. We should not treat powers of Law by self adjudicating no matter you have a child with you. Give her equal opportunity to place her side of pleadings too.  

5. Well you may be right in Jurisdiction point of Law but same needs to be plead before some Court and there should be order in your favor also! I see all these process flow in case(s) missing in your two briefs hence above take, now whether you like my reply or not is immaterial to me but that is what Law says you are supposed to follow instead of relaxing, now that child is settled in her ordinarily residence Jurisdiction hence rest counter cases are frivilous kar key!. 

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     16 December 2011

All told you have to appear in lower court and fight your case there.


Power of defense is immense. Facts are only door to truth so its appreciation  differs from person to person.    Truth is never absolute.

Power of defense is power of negative. Darkness is perpetual , light has to be sustained.



1 Like

Nadeem Qureshi (Advocate/     16 December 2011

Dear raj Patel

You can file a transfer petition before SC u/s 25 CPC for transfer both the cases from Punjab to Gujrat with the plea of your daugther's life.

feel free to call me

Shantanu Wavhal (Worker)     16 December 2011

transfer petition - before SC - according to c.p.c. 25 - specifying merits of ur case (life & limb apprehension / job responsibility - child responsibility etc. may be special grounds to convince SC to grant ur transfer petition)

Raj patel (Manager)     17 December 2011

Dear Experts,

Thanks. One of my family friend who is on very good post in court, advised me to plea for GRANTING ADJOURNEMT for this time to delay these issues to next hearing date, so we can have time to sit and think. Because I know if I go there I won't be able to come back.

Do you think Granting Adjournment is good idea.



DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     17 December 2011

Transfer is not easy since other party will also be heard .And from where you will get adjournment, go and appear it is simple matter. You will get bail and than go on with all the applications you want to move.

1 Like

Raj patel (Manager)     19 December 2011

But can I get adjuournment to next hearing????? Please advice asap, I must post plea for adjournment today.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 December 2011

Yes you can send a Memo of appearance through someone and state that you are moving SC for transfer pf cases.





Shonee Kapoor

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