you must accept notice and contest case on merits . you must take the plea that you are willing to accept your wife if she with draws false cases filed by her against you . always show that you want an amicable settlement . law is in favour of women only
advice
My wife left My house with all her ornaments within only one week after our marriage. After she leave my house she asking for money but I refused her demand. Than she lodge complain u/s 498 on me and my family this case under pending trial court but she has no evidence in this FIR. "After filing case of u/s 498 she file case u/s 125 for maintenances with forged affidavit than My advocate give application" against her u/s 340 this case all pending under trial court. Now she file new case on me u/s 9 of restitution of conjugal right but I have not accept notice. Please advise what I do and reply in case of Restitution of conjugal right u/s9. Nilesh P Shah Cell No [deleted]
Asked 11 years ago in Family Law
Religion: Hindu
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4 Answers
It is never wise to not to accept a court notice. If you do not accept the court notice then the court will pass a judgment against you in your absence. Accept the notice and contest her case on merits through your lawyer. This case has been filed with the intent of gaining an entry inside your house and also to strengthen the maintenance case already filed against you. So you should contest her case by telling the court that you are willing to accept her inside her matrimonial house if she withdraws the cases filed against you.
u should accept court notice otherwise u are going to harmm yourself only & fight cases on merits.
Accept the summons. Make appearance. Give you statement. Convince the court that you have not sent her out of matrimonial house and tell that even now you are ready to accept her and she can come back to matrimonial house if she loves you.
Don't make any statement against her, which she may use against you in the future divorce petition. If she files one.
If you refuse to accept her as wife in the court in the present case, that becomes ground for her to file divorce case and seek maintenance.
