Hi, you can engage the service of the advocate and ask him to represent before the Court. Once he file his Vakalath on behalf of you the Court will grant time to file objection to divorce petition.
Help with court notice
Hello everyone, First of all I want to thank this forum and the advocates for helping so many citizens by educating about laws. Thank you very much. I have received a notice from family court, stating the below - "You are hereby required to file in this Court as appearance personally though E~mail or a Vakalatnama through E-mail with the permission of the Court within 3 Weeks from the service of this summons upon you. And whereas as suit will be placed for directions on the board of the Judge on the date xx/xx/xxxx. You are hereby summoned to appear before the Judge through Video Conference call to answer the Petitioners claim on the said xx/xx/xxxx at xx.xx O'clock in the morning. Make further notice that if you fail to file your appearance personally through E-mail or Vakalatnama through E-mail as referred above, or you fail to appear before the Judge on the day before mentioned the petition may be placed on board for ex-parte order against you" My question is - What am I expected to reply within 3 weeks? I'm using vakalatnam, so, 1) Do I need to reply with a vakalatnama stating that I or my lawyer will be appearing on the mentioned date? 2) Or, do I need to reply with a vakalatnama stating my response to petitioner's claim? Thank you!
Asked 4 years ago in Family Law
Religion: Hindu
14 Answers
Certain states like UP only send notices but not the plaint ie document filed by the petitioner.
Therefore you should engage a lawyer and be present along with him and submit the vakalatnama and seek time to file the reply.
Hi
Since the matter is at family court, you can respond to the summons either by
a) Choosing to appear in the date of hearing in person through VC or
b) Issue a vakalat to a lawyer who will then make an appearance in the court through VC on your behalf
Next steps:
Upon appearance (either by you or by your lawyer), you can collect the copies of petition filed by your spouse and court will grant 30 days time for you to file a Written statement/Counter in response to the allegations/averments made by your spouse.
No worries.
You should engage a lawyer
2) he will file vakalatnama on your behalf
3) on mentioned date he can appear on your behalf
4) if you have been served with copy of petition seek time for filing your reply
1. It looks like a matrimonial suit or case of maintenance is filed. So it's wise to seek permission to engage an advocate.
2. Leave this job to a skilled person like your advocate.
You have been issued with a summon to appear before court on the said date by video conference or through an advocate.
You can contact a local advocate and ask him to file vakalatnama through e-filing.
He will take care of all other things.
You need to hire a lawyer who would get a vakalatnama signed from you and file it with the court to represent you. the court, then vakalatnama is not required. You can directly appear before the court on the set date and file your reply to the petition received by you.
Hello,
- You have received a summons from the Court as your spouse has filed a petition against you either for divorce or maintenance.
- You need to engage a lawyer fro the local area to appear in the court on the next date on your behalf. Your lawyer can either file an appearance memo on your behalf and seek time to file a reply or if you have time you can sign the Vakalat of the lawyer you are engaging to represent you in court.
- If you have not received a copy of the petition, your lawyer can collect it from the court/the petitioner. Your personal attendance can be dispensed with if your lawyer is attending the court on your behalf.
- If you have received only the above mentioned summon of the court , i.e. without the copy of the complaint filed by other party/petitioner , then you should mention the same to the Judge after appearing through Video conferencing .
- Further, you cannot file a vakalatnama without the assistance of a lawyer , hence better engage a lawyer to appear on your behalf .
- Your appearance personally or by way of counsel is mandatory before the court on the mentioned date , otherwise court can passed one sided order in your absence
You can connect with me via kaanoon.com , if further suggestion needed.
if you have engaged a lawyer then on the next date as stated in the court's summons, your lawyer will have to file his vakalatnama and seek some time from the Court to file a written statement on your behalf
that's it
nothing much to be done on that date
Hi, First of all you need to engage a legal practitioner (Advocate) and in his favour you need to execute a Vakalatnama. The lawyer shall file the Vakalatnama before the concerned Court and will mark your appearance their through counsel. Then the Advocate shall draft and file reply to the Petitioner's claim. Thanks.
Dear Sir,
As the Courts notice has been summoned towards you, you need to file/reply with a Vakalatnama in the Court which will state that either you or the lawyer is aware about the contents of the case proceedings and will be appearing before the court to defend the suit initiated against you. Thank You.
You better appoint a lawyer and file a reply to the same in the court.
If you don't want to engage lawyer you can contest the same in person and no need to file vakalatnama
sir
you can contact us for better advice however if you want general advice then it is given below:
the notice is about seeking your appearance and vakalatnama is file by the lawyer, if you will engage someone. so you need to engage a lawyer to appear before the court and file appearance or you can appear yourself and tell that you will file reply to the petition (which will be supplied by the court to you on appearance). if you engaged a lawyer then he will manage himself. on the designated day or before that you need to submit the reply in court. please take note that there is a time limit to file the reply and it can be before the date given by the court therefore be careful to file it before the expiry of the time limit.
