• Summons

Summons for maintenance under 125 CRPC sent to ex husband on email and notified on WhatsApp. No response for 2 consecutive hearings. My question is how long can he avoid the summons and what is the relief available if he doesn’t appear
Asked 12 months ago in Family Law
Religion: Muslim

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14 Answers

Court would grant one more adjournment 

 

court can grant you reliefs if your ex husband does  not appear personally or engage lawyer for 3 consecutive dates 

Ajay Sethi
Advocate, Mumbai
84093 Answers
5490 Consultations

5.0 on 5.0

He has to appear or the court will issue a warrant for his arrest. An interim order has to be passed by the court if he doesn't appear.

Rahul Mishra
Advocate, Lucknow
13051 Answers
42 Consultations

5.0 on 5.0

He needs to be served else warrant needs to be issued. Being criminal matter exparte orders can't be issued by court. Try for pasting summons order from court and serve it. You can seek paper publication also. 

Prashant Nayak
Advocate, Mumbai
24254 Answers
51 Consultations

4.4 on 5.0

You can produce the WhatsApp acknowledgment of the summons sent to him before the court and ask for the court to pass an exparte order against the respondent in this case.

 

T Kalaiselvan
Advocate, Vellore
74182 Answers
1205 Consultations

5.0 on 5.0

Don't play with the proceeding of the court. 

Since you have received the summons of the case make appearance in the case on the next date. 

In many states service of summons is permissible through electronic medium. 

If you evade appearing in the case court may proceed to adjudicate the dispute ex parte.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
363 Consultations

5.0 on 5.0

Dear ma'am,

 

It entirely depends on the judge in your matter. He/she might direct issue of summons one or two more time. 

If he does not appear, the court will hear the case without him and grant maintenance to you. 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

1. It depends on the  discretion of court in most of the cases court proceed Ex-parte if party doesn't appear after recieving summons for first time.

2. Court will proceed Ex-parte and grant maintenance as per your petition. 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

Send him by speed post, then take track report and go to court and mention

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

As per law, three adjournments can be pardoned. Usually courts are liberal in granting more if they find genuineness in application. However, for unexplained and intentional delay in appearance can bring adverse inference in the case on his behalf. Hence as a party litigant/claimant you are advised to approach the court with an application of "ex parte ad-interim maintenance" disclosing his intentional and unexplained delay in filing his appearance and escapism in giving maintenance. Also a separate application to close his right of defense can be placed, 

Pooja Ashar
Advocate, Ahmedabad
215 Answers
2 Consultations

5.0 on 5.0

He will be proceeded exparte in court, if the court is satisfied the service is duly effected on him.

Nitesh Gautam
Advocate, Shimla
17 Answers

Not rated

in 125 crpc interim maintenance should have been decided within 3 months.

Second thing please confirm that proper service of summons have been effected upon him.

Judge can not dismiss the case only because the other party is not appearing.. either there is defective service or some other problem with your case.

"Normally in such scenarios judges pass the decree in favor of wife by ordering husband to give maintenance to wife

Mohammed Mujeeb
Advocate, Hyderabad
19011 Answers
28 Consultations

4.5 on 5.0

Dear Sir/Madam,

If he does not appear, the court may assume that the summons have been served and appropriate orders may be passed.  

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

- You can move an application before the court to serve him summon by way of affixation and through proper channel. 

-  Further , if he not appear before the court , then the court is bond to pass Ex-parte order against him after accepting your complaint under section 125 CrPc

Mohammed Shahzad
Advocate, Delhi
7995 Answers
85 Consultations

5.0 on 5.0

If he doesn't appear than case will be decided ex-parte in your favour and police will bring him in court.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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