Hello,

Kindly share the copy of the notice.

from which city the same has been issued?

advocate will have to appear and seek exemption from appearance.

regards

on the above mentioned query the legal opinion from my legal knowledge is that if you received the notice of the court then please appear immediately in the court on the date fixed, an advocate behalf of your wife can appear. 

1) personal presence is not necessary 

2)you can engage a lawyer and file detail d reply denying allegations made in DV complaint 

3) No DV case is maintainable against your wife as there is no shared household . You have staying in USA for last 6 years 

4) apply for discharge before trial court 

It means either your wife must appear personally in court, or she must hire an advocate to defend herself. 

I'm expierenced in handling such matters and would get all charges against your wife quashed. So contact [deleted]. ([deleted])

A complaint must have been lodged by your sister in law against the persons named in the notice. The court must have sent the notice to you and fixed a date for hearing the parties.

Kindly share the notice in order to better appreciate the controversy.

There must be marital problems amongst you.

Regards 

Engage a lawyer from where the notice has come and sign a Vakalatnama.

He will represent you there.

Hi,

You need not worry much and appear before the said magistrate on the mentioned date along with an application to remove your name from the case. Just take discharge from court or if not discharged, move to high court for removal  of your name from case.

She must have file case of domestic violence, normal thing in such cases, implicates every relatives. Well, no issue, your brother will hire local lawyer who will represent all. Wife name be deleted by High court, file petition in HC.

1. This is standard practice in India where the wife when files case against her in laws rope in as many relatives as possible so as to drive in maximum gain at the time of negotiation.

2. There is no illegality otherwise while making your wife party to the proceeding.

3. However if there is apparent prima facie proof that your wife remained all the time in abroad at the time or soon thereafter the marriage of the lady your wife can file a petition in the court seeking expunge of her name from the proceeding.

4. Else she will have to contest the case which can be done through a an advocate siting in abroad. 

See the sister in law has filed a complaint against the wife for domestic violence alleging her that is why this notice is recieved now since summons are there see either your wife has to be there before court or appear through advocate before the court.

Since you are not in country you cannot get anticipatory bail so in case your wife  has to come to India and get a bail and also can file quashing petition before the high court to quash her name from complaint.

She should hire a lawyer who should appear on her behalf on the date of hearing in court and file detailed written statement in court narrating her side of the story.

The said notice has been received under the provisions of protection of women from domestic violence act.

She does not have to appear before the court on date of hearing as exemption application can be filed on her behalf stating her inability to come on the court date.

personal appearance is not necessary in DV cases, you can engage a counsel to appear on her behalf,

from the facts stated by you, the case is not maintainable against your wife as she is out of India for the past 6 years,

you can file discharge application before the trial Court or can go for quashing before the High Court,

Hello Sir

Please be advised:

Considering the time gap of 6 years from which you are not living in India, makes the Limitation period lapse if at all something happened 6 years back.

However, since a notice has been served you can contact some local lawyer from your area to have a better understanding of the situation..

Nonetheless, to the best of my knowledge I don't think any case is made against your wife until and unless any othe facts apart from what you have mentioned are involved. However you may consult a lawyer in from where you have received the notice.

Thank you for your time and consideration.

She need to appear before the court on the assigned date and time through an Advocate. She needs to challenge the maintainability of this case against her.

1. The notice clearly states what the Magistrate  wanted to notify.

2. You are required to collect the scanned copy of the notice and read it carefully and thoroughly.

3. It will clearly mention the case no. and also the sections of the Act under which the case has been filed.

4. If it is a private case, then you shall have to engage a local Advocate to appear for you filing the Vakalatnama and take appropriate steps thereafter.

5. In case of DV case, there will be no arrest for which you won't have to be bothered for availing anticipatory bail. You shall have to just contest the case fittingly.

Without knowing the contents of the notice no prediction can be made. However it may be a notice to appear before the court for the criminal complaint she may have filed under section 498a or in a DV case.

You can confirm the same from your brother in law because he would be the main accused in the said case, hence he may be knowing the details of the case.

You need to appoint a lawyer and he needs for represent your side in court. 

You need to ask the complainant for copy of application filed by her as no copy is attached 

2) you can either file for discharge or quashing in HC 

3) your lawyer can draft petition forward parr’s to your wife for her signature it should be attested before Indian consulate 

4) you have to engage lawyer in city wherein case has been filed 

Hi,

You are right in your understanding that a lawyer is to be engaged by you to represent your wife and you have to get the case quashed. But, it is suggested that it is not the right forum to consult or engage a lawyer directly and you are suggested to consult/call kaanoon team in this regard who would advising you the best lawyers from it's team.

This has been sent by the office of the magistrate itself. It has been sent by the court to inform you that a case has been registered against you and you should come and appear either through a lawyer or you should be present.

The application must have been removed intentionally by the court staff on the asking of the complainant by bribing him.

Yes you have to engage a local lawyer for that.

Regards 

Yes, your wife need not appear if you appoint a lawyer. I had already given my number to you. You guys can call me up to appoint me. I'm based in Mumbai. 

I don't diy my fee over this platform. Your wife needs to see me at my office with the notice of magistrate. I will prepare a vakalatnama, which she needs to sign as appointing me as her lawyer. During this first consultancy session, I negotiate my fee. Charges for this first consultancy sess will be told on phone call. Have you followed?

Dear sir

The notice from the court is based on the complaint she filed Before the metropolitant magistrate not on the real facts. It is your chance to represent yourself before the court. If it is mentioned that application is attached with summon and notice does not contain the copy of application then it is not necessary for your wife to appear personally. She can send her pleader to court. To file Vakalatnama and ask for copy of complaint.

You have very good defence for your wife she can be easily discharged from complaint. If not you can approach session court for quashing of proceeding against your wife by discharging her. 

1. Forget the mode of service or the sender. Case has been appeared ad now only option is to appear in the case through the advocate and contest the case.

2. Once you appear you can seek copy of the application which would be served to you and on controverting the allegations you can file your written objection/say. 

It's send through lawyer.  The notice must contain court stamp signature.  The application copy you will get on the first date once you attend ideally they should send it with notice.  Once you receive the copy of reply you can decide whether to quash or contest.  Yes lawyer can represent in most of dates but in certain dates your wife's presence is required court can direct her presence. Yes I practice in borivali court.  You can contact me through kaanoon

It appears that the court has passed an order for private notice hence the advocate has sent this notice to your wife. 

There's nothing to be worried about it as the same is routine and not unusual. 

Since this is domestic violence case there's nothing to be worried about it. 

Your wife can remain absent,  she will be set exparte, but the main relief is against her husband only,  hence in my opinion there may not be any relief sought against her,  however if you still want her to participate then you can engage the services of an advocate in the local to follow up matter. 

Hello Sir,

Yes your understanding is correct.

On a prima facie no case can be build up considering the statue and you have substantial chances of getting a relief from the court. 

If you wish we can discuss and take things further from here.

Thank you 

You correctly understand, now engage one prominent lawyer to defend the case

Just to inform you that case has been filed, notice sent to you, Ask your Bother to get copy from court.

Wife have to give vakalatnama to local lawyer, rest you got right.

1. If the summons have a court stamp affixed on it, such service is fully valid in the eyes of law.

2. if you have not got the copy of the petition, you can request the same on the date of hearing.You can also show the envelope received by you which clearly mentions the weight of the parcel to show that the  petition wasn't there.

1. It is to be sposted by the Court. However, the Couyrt officials handover the opriginal Summons to the lawyer of the petitioner for sending the same for and on behalf of the Court. it is the usual practice. 

2. It has become common for the lawyers of the petitioners to skip attaching the petition to harass the oteher side. Your lawyer shall have to collect the copy of the petition from the Court on the next date of hearing mentinoning the matter to the Court.

3. Engage a local lawyer having expertise in this field to defend you.

1. If it was not served through court the lawyer can take permission to serve the notice.

2. See for that you or your lawyer need to appear before court and ask for copy of the complaint if not annexed.

Yes understanding is correct,