• Receiving summons

I am NRI and was married in India Nov 2016 it was religious ceremony and marriage was not registered. I have filed US fiance visa for her in Mar 2016, which was approved before marriage. After religious ceremony was done, she and I came to US, and when we reached she told me she didn't want to marry me and abandoned and moved out of my house in absence with her brother, they took money, jewelry and other articles. But Since she was on Fiance visa, she had to leave back to India once visa is expired. I have Filed Complaint against her at NRI Wing in India for Fraud. Once she and her parents were called by police, she got pissed off and file complaint against me and my family for domestic violence and dowry in another police station, which was cancelled since I already I had complained going on. Now she has filed 2 cases against me and my family in District Court. First case is against me under Code of Criminal Procedure, 1973, Section 125, and second case against me and my family Protection of Women from Domestic Violence Act Section 12. Postman has tried to deliver Summons at my home in India, since my family is US, we were not able to receive them. 

Can you please advise, if we should receive the Summons or what should be next best step for us.
Asked 7 years ago in Family Law
Religion: Sikh

9 answers received in 1 day.

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10 Answers

your wife has to deliver summons at your US address since you are residing in USA

2) if summons are not delivered at your US address trail of case would not proceed against you

3) similarly if your family is also residing in US summons have to be served at your US address

4) you can on service of summons file petition in HC for quashing the DV case

5)you will have to pay maintenance to wife as per court orders

Ajay Sethi
Advocate, Mumbai
96769 Answers
7805 Consultations

Dear Concerned,

PLEASE IGNORE THE SUMMONS - Yes please ignore the summons and when you and your family is in US, you need not to appear for any of these cases not reply to any of such cases. Please note that Crps 125 has been put for asking for maintenance and DV 12 for putting unnecessary charges and asking for more compensation.

You might be advised by some to accept summons and file your reply - even though your case is strong - you will have to personally appear in the DV case and hence it is advised to stay back in US and ignore the summons here. Someday if your family returns - and then you receive notice you always can mention that you were not here .

Hence Avoid taking these summons as taking summons and not appearing will cause more bad then any good.

Please feel free to contact for further discussion on call or approach through Skype.

Best of Luck

Atulay Nehra
Advocate, Noida
1311 Answers
58 Consultations

Husband is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment. Case under 125, Cr. P.c. is for getting maintenance.

If the summons is not served then it will intimate to the court as un served and the court ask the petitioner to take new steps for serving the summons to correct available address of respondent through speed post/ via embassy or paper publication .

If the summons is served then the trail will be started.Once domestic abuse has been alleged, a primary goal would be to expose inconsistencies in the allegations made. The strongest inconsistency would be having a strong alibi for the time in question.

Ajay N S
Advocate, Ernakulam
4087 Answers
112 Consultations

1. Yes,do receive the summons as after receiving t you will get a chance to contest it on merit.

2.If you do not receive it then the court may pass an ex parte order agaisnt you without hearing your defence at all.

3.hence it is advisable you engage an advocate ,file your reply and contest the case on merit.

4.Your say to day presence is not required to contest the case.

Devajyoti Barman
Advocate, Kolkata
23194 Answers
510 Consultations

1. you should not receive the summon because when accused resides out of India court cannot issue summon or warrant under section 61 or 70 of the crpc.

2. in this condition proceeding under section 105 crpc is to be followed.

3. unless summon is issued under proper section you should avoid to receive it.

4, she is committing fraud and suppressing fact that you had been in US when offence has been committed and right now you have been residing in US.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

5. if you receive summons etc. then you personally make yourself bound to appear in court in pursuance of such summon.

6. avoid these summons.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

It will be better to received the summon and fight the case on merit with the help of lawyer, if you have the US citizenship of USA then no need to received any thing from issued by court and live your life happily in USA, she can not do anything against you.

but being a wife if she is unable to maintain herself and has sufficient reason to left your company then she may granted maintenance which can be 1/3 of your income after deduction all the reasonable cost/expenditure.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

1. If you have not received the summons, how did you come to know about the cases filed by her for which those summons have been issued by the Court?

2. However, it is not prudent to avoid receiving summons since it does not give any benifit in the long run.

3. Receive the summons and execute a POA in favour of anyone in India authoring him/her to contest the cases filed by her fittingly for and on your behalf.

4. She has filed maintenance case and DV case. So, those cases can be contested easily by your POA holder i India.

5. Engage a local lawyer in India having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
27452 Answers
726 Consultations

Both the cases are filed before magistrate courts.

She would become fed up if summons are not being served on you in such cases.

Hence better you dont receive the summons.

Let them keep sending you the summons to the old address in India and to your foreign address too.

Dont reveal your present address to them.

If she will not be able to locate your new address, the court may not entertain her complaints beyond certain stage.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

1. There is nothing bad in receiving the summons. AFter you receive summons you and your family members may move the High Court for the quashing of the cases as they are apparently an abuse of the process of law.

2. Receive summons and then consult a lawyer with the case papers.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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