• My husband did not take DV summons

I have filed 498a and DV case against my husband. Recently the Court person went to give DV Simmons but my husband rejected to take it. So the court person has entered that Summons rejected by R1. So what would be the next step will court pass ex parte interim maintence or issue NBW??? He has already taken AB. Please suggest what to do
Asked 7 months ago in Family Law
Religion: Hindu

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17 Answers

The court will issue NBW against the husband. 

File an application for cancellation of the AB on the ground that the husband is misusing the liberty granted by the court. 

 

Regardss 

Anilesh Tewari
Advocate, New Delhi
17744 Answers
290 Consultations

5.0 on 5.0

If there is endorsement on the notice that he refused to receive the summons then the court can take this as valid acceptance and hence without your husband's presence the court can proceed ex parte.

So ask the court to grant interim maintenance and on default of such payment the court in filing of the execution case can issue warrant of arrest. 

Devajyoti Barman
Advocate, Kolkata
20290 Answers
287 Consultations

5.0 on 5.0

Refused to accept summons is proper service

 

2) summons is deemed to have been served 

 

3)court can pass orders for interim maintenance if your husband does not attend court or engage lawyer inspite of service  of summons 

 

4) in 498 A case court can issue bailable warrant against accused 

Ajay Sethi
Advocate, Mumbai
75972 Answers
4544 Consultations

5.0 on 5.0

Yes if he doesn't appear them court will issue nbw against him

Prashant Nayak
Advocate, Mumbai
19774 Answers
36 Consultations

4.4 on 5.0

1. He has taken AB for the FIR registered u/s 498A of IPC and for DV no arrest is made.

 

2. If it is established that your husband has refused to receive the Summons for the DV case filed by you, the said case might proceed ex-parte.

Krishna Kishore Ganguly
Advocate, Kolkata
24292 Answers
671 Consultations

5.0 on 5.0

- As per law, if summons is not duly served then no action can be taken against the Respondent , but if  Respondent or his family members refused to receive the summons of the Court , and further fails to attend court, then the Court will pass Ex- Parte order against the Respondent in the D.V Case.

- Hence, Court will pass maintenance order , including the other prayed benefit in favour of you. 

- Since, he has taken AB in the 498 A FIR , but if your husband & other persons named in the FIR , not appeared on the date fixed by the Court, then Court will issue NBW against him , and not only this , even his surety will be cancelled. 

Mohammed Shahzad
Advocate, Delhi
3427 Answers
39 Consultations

5.0 on 5.0

Scan the entire document of the court over camscanner app and you email it as well as whatsapp it, take print copy of email and print of whatsapp and submit it to court

Aveek Bose
Advocate, Kolkata
1138 Answers
8 Consultations

4.7 on 5.0

The criminal case under section 498a is different to that of the DV case. 

In the former, the police will serve the notice to the accused to appear before the court, if he do not attend the court, then the court may issue NBW  and even may cancel bail for jumping bail.

In DV case it may set him exparte and an exparte decision may be given against him.

 

T Kalaiselvan
Advocate, Vellore
65940 Answers
861 Consultations

5.0 on 5.0

The court shall issue warrant in the case. The warrant is for non appearance so the AB shall not apply also it can pass order of interim maintenance.

Shubham Jhajharia
Advocate, Ahmedabad
24964 Answers
99 Consultations

5.0 on 5.0

1. Since the process served has reported that summons have been refused by him the court can and must now proceed ex parte against him as he has been given sufficient opportunity.

2. It can now pass ex parte interim orders.

3. NBW is not to be issued in DV case at this stage.

Ashish Davessar
Advocate, Jaipur
29554 Answers
850 Consultations

5.0 on 5.0

Dear client 

1.   Do you  you engage any advocate for assistants ?

2.   Have you filed 498A in which court - family court or criminal court

3.   If need legal assistance at Banglore i will do neddful 

P. Gnanam
Advocate, Ambattur
18 Answers

Not rated

Non receiving is proper delivery of summons. Now court will pass ex parte order if he not appeared on next date.

Submit supreme court judgement that proper delivery of notice assume when party refused to accept notice/summons.

 

Yogendra Singh Rajawat
Advocate, Jaipur
19451 Answers
25 Consultations

4.5 on 5.0

1. Court will send Bailable warrant against respondent No. 1 that is husband.

2. If he still refuse to take summons then court can grant Ex-parte orders against him. 

Mohit Kapoor
Advocate, Rohtak
8753 Answers
3 Consultations

5.0 on 5.0

if he refused to take summon from the court, the Hon'ble Court will take their absence and passed exparte order and proceed with the case. You can seek interim relief and protection order from the court. if the interim maintenance grant by the court, then you will have option to bring them to court by issuing arrest warrant against them.

Mohammed Mujeeb
Advocate, Hyderabad
16593 Answers
11 Consultations

4.5 on 5.0

Dear Madam,

You may apply for interim order and any other interim applications and get orders in your favor. You advocate must be smart to snatch orders ex parte and execute the same.

Kishan Dutt Kalaskar
Advocate, Bangalore
5504 Answers
187 Consultations

4.8 on 5.0

He has rejected the summons but that means he knows that a case has been filed. Therefore this should be informed and the court must be requested to proceed ex parte and grant interim maintenance.

Rahul Mishra
Advocate, Lucknow
9088 Answers
16 Consultations

5.0 on 5.0

Dear Madam,

 If they refused to take notice from the court, the Hon'ble Court will take their absence and passed exparty order and proceed with the case. You can seek interim relief and protection order from the court. if the interim maintenance grant by the court, then you will have option to bring them to court by issuing arrest warrant against them. Kindly contact for Further details and legal assistance.

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
25 Consultations

4.8 on 5.0

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