Not accepting court notice/summons led to passing of ex-parte orders which was served upon you through protection officer but again you made mistakes by not giving importance to the same. you must challenge the said order if feeling aggrieved of. your wife has taken implementation of the orders passed by the court.
Domestic violence and maintenance
Dear Sir, I am married with my wife on 2008 March. Wife had a conjugal life of hardly 3 months with me, sometime in my native and for 1 month with me, left matrimonial house in 2009. Although my native place is in Raiganj, i live in Kolkata. She and her parents use to abuse me althrough-out. My father expired on April'2012. Earlier father has filed general diary against my wife, her parents on 2010 with local police station and again reported the same on 2011 giving all the details that she does not live with me, not returned bacl and I stay far away from kolkata. Wife filed dVA and maintanance case against me on May'2012. Lower district court send notice to me along with my widow mother and my brother. during june. My widow mother accepted but denied to take notice against self, my mother and brother. On defence she clearly told that she does not have contact with her sons. I have not received/accepted court notice till date although a letter basis court judgement on monthly maintanance of 20K and arranging her to stay in my native house was shared with me via protection officer but not via court on July 2013 which was not given importance. Now court has ordered warrant against me whose executing order is still pending. My wife with help of protection officer brought police along with protection officer, broke lock and keys of my native home where nobody stayed and wife started living along with her mother. I request urgent suggestion from experts that whether they can do this or court can order/entertain such orders without even issues notice properly to me. What should be done to get a stay on this/ win such battle? Kindly suggest. Thank you. With Regards Suman Ghosh Kolkata
Asked 10 years ago in Civil Law
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14 Answers
Sir, how to challenge the same? In which ground can I challenge the ex-parte order? Regards Suman
Asked 10 years ago
Dear Sir, thanks for your reply. Kindly reply. Can wife file DVA suit after living matrimonial house after more than 1 year. Roshan Dalvi, judge, Bombay High court has given a rulling in 2013 march that we a wife can't file DVA after a gap of more than 1 year after no domestic relationship with husband. Kindly suggest how can we move forward. Meanwhile my local lawyer has made a RTI with below clauses To the state public information officer attached to and care of District Magistrate & Collector Particulars of Information:- a) To which address the summary of Mr. Suman Ghosh S/O Late Suprabhat Ghosh the O.P No 1 of case no CR 292/2012 of Ld Addl J.M Raiganj was sent by the protection officer? b) By which process the summons were sent? c) Whether any summon/notice was sent to the address of working place of the O.P No1 Mr. Suman Ghosh of case no C.R.292/12 by the protection officer before [deleted]? If so by what mode? d) Whether any summon or notice of case no C.R 292/12 was served upon O.P Suman Ghosh S/O Late Suprabhat Ghosh personally? e) Was there any impediment/objection to serve the summon on him personally? If so what was the reason? Custodian of Information and documents:- Protection Officer, Regards Suman
Asked 10 years ago
1) you have not mentioned your wife qualifications ? whether she is working or not? what is your income ?
2) your wife has right to stay in matrimonial home .
3) if you are aggrieved by order of maintenance passed file an appeal against said order before session court .
4) you can also challenge on ground summons were not served upon you . it is necessary to go through the roznama as to whether summons were directed to be served by substituted service
Hi Sir, Thanks for your reply. She is not working. She is MA in history. She is not working. My income is lumpsum 44K/month take home. Wife has a right to residence, but only which is provided by husband, not on ancestral property, Correct me if I am wrong. My father expired on April'2014. her mother's stay in the house should be illegal. Please suggest. Also please let me know if I have the advantage of producing a copy of Police General Diary in front of court.which was done in 2 consecutive years(2010/2011) by my father before DV was filed by my wife (2012 May). After my father expired, I suppose the native house now is my mother's property. But there is no documented paper of hoouse ownership transfer from my father to mother. In case if this is proved that summons were not served upon me properly through the above questionaire filed by my local lawyer, can I get a stay order and file a case against my mother, mother-in-law and her parents. My matrimonial life is very short and I do not have children. Kindly suggest. Thank You. Regards Suman
Asked 10 years ago
she should challenge ex-parte order for not being served with summons/notices.
Dear Sir, Thanks for your reply. Kindly let me know if she has right to stay in matrimonial house. Here after my father's death who is the owner of the house? Only my mother Or self and brother has right on it. My mother has stated that she does not have connection with her 2 children. I want to prove that she can't stay in my mother's house. Please help. Regards Suman
Asked 10 years ago
1) since your father died without a will you , your brother and your mother have equal share in the said house . oin other words you have 1/3rd share in said house . your wife has right to stay in matrimonial home
in addition wife could get Rs 15,000 as maintenance . you should file appeal against order of maintenance . your case should be that you have dependent mother also to look after . Rs 20,000 is on the higher side
Thanks for your reply Sir. As the summons were not served to me personally can I challenge to higher court and get a stay order in such circumstances. Kindly reply. Thanks
Asked 10 years ago
yes you can challenge. Non-service of summons would be the ground besides others grounds.
Thanks again for your reply. Just to know what is the proper way of serving notice. I have not received any notice/summons personally and hence have not put any signature in any of the acknowledgements. How can RTI help to get informations and what is the timeline of reply.
Asked 10 years ago
Thanks again for your reply. Just to know what is the proper way of serving notice. I have not received any notice/summons personally and hence have not put any signature in any of the acknowledgements. How can RTI help to get informations and what is the timeline of reply.
Asked 10 years ago
you can challenge non receipt of summons as an additional ground to assail the order . we had advised you to peruse the roznama of the trial court to find out on what basis court has said summons have been served upon you . whether application for substiuted service was made by your wife ? paper publication done ? in case wherein summons cannot be served at the residential address mentioned in complaint substituted service is allowed
1. collect the certified copies of the daily prder sheets to understand the matter as to what has been transpired in the Court,
2. File an appeal agsint the said order before the High Court based on tye ground that you were not sent the said Summons,
3. Summon was shown as isssued by Tamlum Court against my Client in a divorce case filed by his wife whose father was an MLA and also a laywr, duly managing the concerned people and she got divorce on the 45th days from the date of filing when normally it takes 3/4 years,
4. Verify the daily order sheet to get to the bottom of the matter.
Dear Sirs, Thanks for your reply. But here the order has been issued by lower court. What lawyer is saying that he has done RTI to get evidences/informations to State Pulic Information Officer. 2ndly he has applied for certified copies in the lower court. 3rd he is going to challenge the order in front of District Judge/Session court based on evidences. My question is:- a) I have not recieved any summons from court or not have signed any document. Can court order ex-parte without such summons? b) Does Protection Officer has the power of breaking lock and keys without any presence of any family member or my mother? c) As the entire house/rooms lock and key are broken and the house owner is not present, liability transfered to whom now? Kindly guide upto my satisfaction. Regards Suman
Asked 10 years ago
Check from court records/order sheet on what basis the court proceeded ex-parte.You might not have been served personally but it would have been effected by other modes of service. Under the orders of the court, Protection officer can break open locks.
1)we have advised you to check factual position from the court which issued summons .
2) based on perusal of said documents your lawyer will guide you as to next course of action
3) if summons had been served and inspite of service you did not appear court must have passed orders . based on said order PO must have broken the locks
Thanks for your reply Sir. They have pasted the notice in the walls of my house very begining of the case. Is that the only way for serving summons? Please reply.
Asked 10 years ago
When you were aware of pasting why did you not mention in your queries? Yes, you were served by pasting.
Thanks for your reply. I am recalling everything now. But while summons were issued to my mother, brother and self, while receiving summons mother clearly mentioned that she has no connection with her children. How can this be established? For your another information a divorce case was registered in court in 2011 by them, that has case number, then they file maintanance case and then they then DV. Somehow they did not sent notice against Divorce case. Not sure what is been done in Divorce Case. Will that help Sirs? Regards Suman
Asked 10 years ago
you have been served with summons
But court denied that summons were served by PO through pasting which has been established before making ex-parte order. This is documented. No publication in news paper of court notice as such. Top of that my father did made GD and repeated GD in local police station that she is not living with us and have tried so many times to make her return back. She has taken her all ornaments and furnitures. Will that help. Regards Suman Kindly guide further.
Asked 10 years ago
mr Suman
we have advised you at length . you have raised over 10 queries on the said subject . if summons have been served by pasting on your door it would only be through court orders . check roznama as repeatedly advised to you .
Sir, Sorry to trouble you all. But thought of asking it again and again as I am tensed. Local Lawyer is making a draft to challenge orders and will share the same with me. I shall share with you all once I get this documented and request all of your help sincerely if any inputs/correction required in the same. Thanks again for your support. Regards Suman
Asked 10 years ago
thanks for your appreciation . you better go by your lawyers advice