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Kumar Mysore (no)     02 May 2024

What happens if one respondent not received notice in u/s 125(3) of crpc

Hi All,
A case filed from our mother against three sons u/s 125(3) of crpc. My elder brother only received notice and booked a lawyer. Other two respondents not received notice because from 20 years we didn't attend any case and elder brother only taken care all the cases hearings. what will happen if we not attend court hearings and not booked any lawyer from our side?

History- my parents are divorced, we grew up with father. my father was paying maintainance as per high Court order after that our mother filed maintainance case against us. we challenged the trial court order and its in under progress in district Court. parallelly our mother filed a new case under 125(3) to pay maintainance. my elder received notice. they sent separate notice to other two respondents who didn't visit their village.
please some one suggest what will happen if we not received notice?
if we not booked a lawyer from our side?
how can we deal this without attending?
we are unable to attend because we've some threaten from our mother family from 20 years, because we exposed her cruelities against us and our father, grand mother when we are 12 years old.

please also suggest how we can avoid attend this case?

Thanks in advance.


 20 Replies

T. Kalaiselvan, Advocate (Advocate)     02 May 2024

If you have received notice from court then it becomes you duty to appear before the cour wither in person or through a lawyer.

If you don't appear before court after receiving the notice then the court may issue a bailable warrant followed by non bailable warrant by which the police may even arrest you and produce you before court.


Kumar Mysore (no)     03 May 2024

Sir, i haven't received notice, because i am not living in our village and I didn't visit my village from 20 years. they sent to my village address. only my elder brother living there and he received his notice.
Sir, my brother can submit any affidavit or letter to court by saying that my younger brother unable to come because of some life threatens and I will pay instead of my younger brother. And can request not to issue any warrant in my name. please suggest me

Dr. J C Vashista (Advocate )     03 May 2024

Get the case file inspected by your lawyer to know facts and proceedings of the case, however, nothing can be presumed to form proper opinion and oblige.

P. Venu (Advocate)     03 May 2024

Admittedly, you are aware of the filing of the case. Hence engage an advocate for your defence.

Kumar Mysore (no)     03 May 2024

Sir, thanks for your advice, my main question is my elder brother can submit any letters or affidavit that I will pay maintainance instead of my younger brother?
because from 25 years our mother family targeted me already two time attempted to murder in 1999 and 2001, and many times they given life threatens. so if I go there is chances of attack and they may register some fake cases against me. so I am trying to avoid.
please suggest on this what and all my elder brother can do in favour of me.

T. Kalaiselvan, Advocate (Advocate)     03 May 2024

If the court is passing orders against all of you then all of you are liable to obey the court orders.

Your brother can undertake to pay everyone' share by himself and he should promptly pay it. 

Kumar Mysore (no)     04 May 2024

Sir, they targeted me and they are using court to bring back to our district who didn't visit his district from 30 years. there is chance of attack and they may register fake cases too. I know well how cruel they are. if anything happens to me who will take the responsible?
court doesn't care our life?
appeal case is in progress in district Court, they sent notice,
so please advise based on this how can I answer to court. for me myself and my family important.
please someone suggest me how to deal this?
can I feel this in high Court if they warrant for not attend.

P. Venu (Advocate)     04 May 2024

You have been making too many a posting, on the various disputes withyour entranged mother and sister. However, all the postings comprise of your subjective opinions than simple facts that it is impossible to third persons comprehend. Please post comprehensive facts devoid of your subjective opinions and wild allegations  so that meaningful suggestions could be attmepted.

Admittedly, your parents have been living separately, with the mother taking care of the daughter and father,  the sons. It appears that the father had been providing maintainence to the mother and the sister. 

Father has since expired. As such, the mother is seeking maintainence from  the sons and the sister is seeking share in  the properties left intestate by the late father.

Kumar Mysore (no)     04 May 2024

Sir, I agree whole story is complete tragedy from 25 years. We know my father and we three brothers how much suffered from two bad ladies. even we didn't do any single mistake so far, but that two ladies did so many. but in India all laws only favour to women. so we are facing injustice. I already said many times about my family history. I don't like to say again and again. I just asked some queries on some issues. finally I will say one thing as per my experience nowadays no value and peaceful life for good people only bad people have. India and its legal system is not for men's who are really following legally. we are really very sad to borned here. Thanks to all for your advice and valuable time.

Dr. J C Vashista (Advocate )     04 May 2024

As observed from your proifle same (not similar) queries have been posted earlier and experts have adequately obliged you, some of them are:

    Posts by Kumar Mysore 

What happens if one respondent not received notice in u/s 125(3) of crpc

Family Law Maintenance cannot be suspended in the trial court to avoid payment while an appeal case is ongoing?

Family Law For Certified copy 

How to stop recovery under crpc 125(3)

How to request court to include our sister to pay parents maintainance

Possible to send a warrant FDP orders

Property Law How to oppose survey commissioner report in FDP case

 How court will divide house under partition suit

Property Law How to include sister to pay parents maintenance

 Family Law In parents maintainance case, if one son filed a appeal, other 2 brothers need to pay mantainance if they not signed in the appeal case

 Family Law Daughter is not consider for mother maintainance

Read more at:

Kumar Mysore (no)     04 May 2024

Sir, matter(family history) is similar in all the queries. only I explained bit by bit based on my query instead of saying whole story everytime that's it.

P. Venu (Advocate)     04 May 2024

What prevents you making the posting simple by confining to facts? Even the above posting offers confusion than clarification by use of the expressions "tragedy", "We know my father and we three brothers how much suffered from two bad ladies. even we didn't do any single mistake so far, but that two ladies did so many. but in India all laws only favour to women.", "finally I will say one thing as per my experience nowadays no value and peaceful life for good people only bad people have. India and its legal system is not for men's who are really following legally.". "we are really very sad to borned here"

Certainly, you are taking us on a wild goose chase and wasting our time.

Kumar Mysore (no)     04 May 2024

Sir, please don't think wrong, my frustration says like that. okay sir I will explain facts briefly below here.
My parents have 4 children's, in this elder child is daughter and other three are sons. My mother family also living in the same village. My father was a priest in a temple and very innocent character and doing agriculture. My mother has cruel character from initial days against our father and her family I mean her brothers also supporting her. because of our mother torture our grandmother hanged in 1996. but our father digested everything only because of children. my parents by giving huge amount of dowry(we have all proofs) did our sister marriage on 1998. Some serious bad incidents happened (I can't explain) and I was the eye witness for that, during this time I was 13 years old. my mother and a men tried to kill me and life threatens for not telling to anyone. But same day I told to my elder brother. He questioned regarding this both of them, they beaten my brother. Finally we told to our father and we all fighter with them regarding this. Same day at mid night some panchayats held on at our home by our village seniors. our mother didn't follow them. next day morning our mother, her family, her daughter and her son in law all together this us out of our house. We filed police complaints but they didn't take action because our mother brothers political influence. during this stage we brothers age was 17,15,13. we three brothers and our father started to living in a small house which is built for sericuclture agriculture purposes on 1999. in 2001 they attempted to murder me when i was coming from the college.I filed a police complaint, but police threatens me to take back complaint and they said without video proof you can't proof your allegations and you and your father will send to the jail if not prove. then my father and my brothers told me to stay away from our village. then by doing a hotel job I continued my education and didn't go back to our village because of life threatens. until 2004 they didn't file any cases. our father only was taken care of three sons. in 2004 my elder brother married a girl. in the same year our mother filed maintainance case against our father under crpc 125. and our sister filed partition suit against us. in maintainance case my elder brother was a witness. this maintainance case went up to high Court and they ordered to give 600₹ per month. our father also filed divorce case and legally our parents divorced. after i left our village my second brother also left our village. started to work as a auto driver. in 2014 my father was passed away by heart attack. our mother didn't come when our father died and she troubled to do our father's 11 days thithi function. we have given police complaint. police warned her. after that my elder brother and sister in law started to look a bride for my second brother, but he refused to get marriage because of worst family background. then they started to find a bride for me and found some. but our mother threatens girls parents that I will file fake court case against you people if you gave your daughter. two scheduled marriages cancelled. in 2018 finally I mm married with the help of retired school teacher. even they threatens to my wife parents but they didn't care. after marriage next day they did life threatens to my wife and then we didn't go back to our village. after this life threatens to my wife in 2018 our mother filed maintainance case against us (three brothers). JMFC court ordered to give total 2000 and included her daughter in maintainance share. we have challenged this order and it's still in progress in district Court. Even our mother occupied our house 25 years back and shy is getting rent from this. so we hy requested honorouble court to dismiss because she is getting 20000₹ rent per month or to share maintainance to her daughter too in revision petition, its in progress.
in partition suit court ordered to give one partition and they filed FDP case and in this already survey finished and court proceedings still in progress.
in Jan 2024 we have changed our lawyer after that our mother filed a case u/s 125(3) even still our revision petition is pending in district Court. they sent three separate notice. my elder brother received notice. me and my second brother not living in village from 20 years. so we didn't received. now I am not ready to go back there to lead this case, because there is chances of attack and they may file fake cases against us. till now I didn't share our address with anyone except my elder brother because life threatens. even my wife and her parents scared and they told me to not go there. we three brothers don't have own house, we are living separately in rent houses. our ancestral house which is in the name of our father is occupied by our mother from 25 years even after divorced too.
so I have requested some suggestions here, I have explained everything now here please suggest now what and all we can do legally to gain justice.

P. Venu (Advocate)     04 May 2024

As to the maintenance, the matter is pending in the Court. await the decision.

As to property, preliminary decree has already been issued. No appeal has been filed. You and your brothers can get your share through Final Decree followed by Execution.

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