• Got a notice from court

Hi,
i stay in bangalore. i got married in kast january.my wife also works in bangalore. my family and my wife's family both in west bengal. my wife left my flat of bangalore just after two months of marriage in last march blaming me of impotency.. they asked for money one day. we didnt agree. after that no communication. now today i came to know from my Bengal house's tenant that a post office man came with a court notice and said it can be given only to me. I called my native's post master and he also said the same that it's a court notice letter and can be given only to me and that too within 5 days from today. 

My question is :

1. What it can be? If it's 498a , it should come as a letter from police. Why court notice?

2. I need to go for sure I know. But what should be my actions after that?
Asked 4 years ago in Family Law
Religion: Hindu

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26 Answers

1. This should be a summon from Court, it a matrimonial case that your wife could have filed against you. This could be a divorce, RCR. maintenace case, or an application under DV Act or a summon in a private complaint before the Magistrate.

2. File a counter case against your wife, after seeking legal advice. Also, to defend the case filed against you by your wife.    

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

  1. It definitely is not 498A, as 498A is penal (criminal) provision, for which you would have received summons from police station and not court notice. 
  2. What you have got, most probably is a notice of family court, where your wife might have filed a matrimonial petition. Matrimonial petitions are always civil I nature and not penal. 
  3. As to what actions you should take, well you have to defend yourself in the matrimonial petition. I'm prepared to defend you as your Advocate. 
  4. You need to visit me with that notice if you intend to appoint me as your advocate

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1547 Answers
5 Consultations

4.4 on 5.0

Do not avoid the court notice.  It would be of no help. Authorise someone to collect the notice if you can not come and collect. Go through the notice and engage lawyer to deal with it. 

You may inform  main contents of the notice after you receive it, here for further advice.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Dear Sir,

 

  1. What it can be? If it's 498a , it should come as a letter from police. Why court notice?

Ans: It cannot be 498A. It may be notice from family court for divorce claiming divorce on the ground of impotency with further claiming huge alimony/compensation.

 

  1. I need to go for sure I know. But what should be my actions after that?

Ans: you have two options. You go and receive it or you can give power to the advocate and who collect certified copy of the same from the court. Nothing to worry. But if you do not receive it ex parte orders for monthly maintenance may be granted.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Dear Sir,

First thing first, you cannot stop a women from filing complaint under Section 498-A, 497 or 406 IPC.

That doesn't mean you cannot protect yourself from misuse of it, below are the few ways:

  1. PROVE THEY HAVE INTENTION TO IMPLICATE YOU FALSELY. This is done by preparing any proof which can suggest that the allegations against you are pre-planned by wife or in-laws.
  2. RECORD COVERSATIONS OR THREATS Any phone recording, video RECORDING of the threats.
  3. START INVESTMENT IN WIFE'S NAME Start a PPF account or any investment in your wife's name and pay it through your bank account soon after the marriage. Or give loan to your in laws.
  4. REPORT TO POLICE OF FALSE IMPLICATION Any apprehension of false implication can be reported to police and keeping a copy of the same. A phone call at 100 no. Can also come handy. This should be done as soon as you get the apprehension. Ideally before the complaint by wife.
  5. ANTICIPATORY BAIL move it as soon as possible. In Delhi courts are very liberal prove Criminal offence has two component:

A) Criminal act.

Prepare documents which suggest you cannot ask for dowry.

B) Criminal intent. Prepare documents which suggests you cannot have any intention to ask for money.

497 IPC is adultery, very difficult to prove the allegation. The wife may require very strong proof e.g. Video recording of the act, so be careful.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1. See it can be Domestic violence case or may be annulment or.divorce .

2.Ss you should take the notice as they have willingly given that address so that matter goes on exparte if you don't appear.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If its registered AD summons than it will delivered to you if the summons is on your name.

 

If it could have sent by normal post than it could have delivered any person from your family.

 

So do not worry let it may go back or return to sender.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1) wife may have file petition for RCR or maintenance 

 

2) better collect court notice and check contents of the notice 

 

3) engage a lawyer to appear on your behalf 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

Hi

Stay calm, we know that, it is to easy.

First check with the post master, the senders details, based on which you will get some clarity.

Collect the notice then work out modalities.

It could be a notice from court informing you about date of hear in the case(s) filed by her.

In all probability it might be notice for your appearance pertaining to case(s) filed by her i.e., DVC, Sec.125 CrPC, or Divorce.....

After collecting the notice you can take the final call. 

If you have any information about the 498-A filed by her, immediately obtain Bail.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Hi,

At this stage, don't anticipate anything, first receive the notice and after that, post your query again mentioning details about notice. Then only, you will receive appropriate legal opinion. 

Regards 

Aftab Patel
Advocate, Aurangabad
23 Answers

Not rated

That may be notice from court in case under section 12 H. M. Act or 13 of Her. M. Act

She might have filed domestic violence complaint against you. 

You can check from ecourt by party name from which court that was and which petition is filed against you

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

1. It may be case u/s PWDV Act or summons of divorce suit.

2. In 498A case the police comes carrying warrant ot notice u/s 41A CRPC.

3. So you may send some close relative of yours authrosing yu to collect the notice. The postman is authorised to serve the notice to your parent and it is unusual for him to refuse to give delivery of the post.

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

  1. Well sir, u/s 25, she's pleading for alimony and maintainence and filed such a petition in family Court. 
  2. Now you have to reply to this petition in court. 
  3. Her desertion would be your defence. You must plead in your defence, restitution of conjugal rights
  4. Kindly visit me for effective consultation and to appoint me as your counsel in this matter.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1547 Answers
5 Consultations

4.4 on 5.0

1.  It is for permanent maintenance and alimony.

2.See you need to appear on next date and get copy of her petition and file reply to.same.

3.Ask her to bring her salary and bank.details on record before court on Affidavit.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

As I stated earlier it is a suit fr divorce.

Now you need to engage an advocate and get the case contested on merit.

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

the court will not issue second notice. you have to appear on the said date yourself or take help of counsel and collect the paper. if you failed to appear the court will pass the order hearing one side.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

immediately file section 9 RCR consult local family lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You need to take anticipatory bail in the same first. Then you can attend the court

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

Section 25 of the Hindu Marriage Act, 1955, provides for a permanent alimony and maintenance to the wife and children in case the husband and and wife continue to live separately irrespective of the fact whether their divorce petition has been accepted or rejected

 

you must engage lawyer and file detailed reply denying allegations made against you 

 

3) you can make application in family court calling upon wife to produce her income tax returns, salary slips , bank statement for last 3 years 

 

4) if wife has suppressed material facts about her income and court directs her to produce her income tax returns she would not get any reliefs of maintenance asshe is earning Rs 40 k per month 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

Hi

The provision pertains  to permanent alimony and maintnence.

You need to hire services of a local lawyer and contest the same.

Issue notice seeking details of her educational qualifications, designation, pay slip & ITRs for last 6 years.

In case if she fails to respond, you can make an application through court for  production of said information.

If you can prove and establish her mis representation, you will certainly get relief and her case does not stand.

As far as her allegations are concerned, you need to prove her wrong.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Dear Sir,

Nothing to worry. You can call for salary certificate of her through court. Section 25 is as follows. If you do not attend the court then court may pass ex parte interim maintenance. You must protest the same.

============================================================================

Section 25 in The Hindu Marriage Act, 1955

25 Permanent alimony and maintenance .—


(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall 55 [***] pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant 56 [, the conduct of the parties and other circumstances of the case], it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.


(2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.


(3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, 57 [it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just].

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

She is seeking maintenace from you. Besides, she has instituted some proceedings against you under the Hindu Marriage Act. It could be a RCR petition or a divorce petition. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Dear

It is the case under section 25 of Hindu Marriage act as per your follow-up question.

It is a case for permanent alimony and maintenance to your spouse.

The immediate course of action is that you need to appear in court personally or through your pleader to put your defense.

Yes she can lie in court but for getting information you can file RTI application in Income tax department for getting detail of her ITR. And produce it in court. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

My pleasure thanks ? that's my duty. 

You should file a divorce petition against her. 

It's unfortunately that the lawyer she had engaged he is not aware about section 14 H. M. Act  in that anyone I. E husband or wife can file divorce petition within one year of marriage if there is exceptional hardship. 

You can say that she raised such an allegations that caused mental cruelty and it is impossible to live with her if you want divorce. 

she filed a case against you for maintenance then explain in that. 

Court will direct her to produce her ITR in that it will be proved that she is working and you can move an application under section 340 crpc against her and she will be punished in accordance with law

Exactly need ground of her petition for proper reply

You can send here 

If you have her PAN then you can get her ITR

 

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

1.  She might have filed a case under any of the following:

     DV case  or

     Maintenance case   or

     Petition for annulment of marriage,

hence better arrange to get the notice or engage the services of an advocate and clarify the same from court itself directly through the advocate.

2.   First of all ascertain what it is and then decide what can be done on it.

 

T Kalaiselvan
Advocate, Vellore
84913 Answers
2194 Consultations

5.0 on 5.0

1.  

Section 25 in The Hindu Marriage Act, 1955

25 Permanent alimony and maintenance .—


(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall 55 [***] pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant 56 [, the conduct of the parties and other circumstances of the case], it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.


(2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.


(3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, 57 [it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just].

 

2. Make appearance before court through an advocate.

3. You can submit in your counter that she is employed and if need be the details can be collected from her employer through court.

\

T Kalaiselvan
Advocate, Vellore
84913 Answers
2194 Consultations

5.0 on 5.0

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