• Need meaning of the court business

My wife filed false DV case on my famil 2 years back. still the case live. due to covid and my abrod work we couldnt attend at court. we got squash for R2 and R3 last year and that too now cancled. i dont know why? 
here by i give the last 3 business details of the court, can you please expline that meaing.?

Business day 1 - Petitioner present. R2 and R3 absent. Petition U/s 126(2) Cr.P.C. filed. For R4 and R5 notice returned as Unclaimed. Intimation R4 and R5 and and No representation made. Hence R4 and R5 Set exparte. Issue notice to the R1 by 20.10.2021. At request private also ordered. Cr.M.P.6854/19 pending. Cr.M.P.6854/19 - Issue notice to the respondent by 20.10.2021.

Business day 2 - Petitioner absent. Petition U/s 256 Cr.P.C. filed. R2 and R3 absent. Petition U/s 126(2) Cr.P.C. filed. R4 and R5 exparte. Issue notice to R1 by 03.12.2021 at request. At request private notice also ordered. Cr.M.P.6854/19 pending. Call on 03.12.2021. Postal receipt and memo filed.

Business day 3 - Petitioner absent. Petition U/s 256 Cr.P.C. filed. R2and R3 absent. Petition U/s 126(2) Cr.P.C. filed. Notice sent for R1 recorded. Hence at request Issue notice to the R1 by 11.02.2022.

can anybody expline this things.
Asked 5 months ago in Family Law
Religion: Hindu

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6 Answers

Business day 1 a petition for maintenance has been filed by the wife and coury has issued summons to you and your family.

Business day 2: court again orders to send notice. And in business day 3 again notices are issued. This is a maintenance petition.


You must have filed an application under s. 256 for acquittal as the petitioner is not present. The court issued notice to the respondent ie the opposite party.

Rahul Mishra
Advocate, Lucknow
13678 Answers
62 Consultations

5.0 on 5.0

On first date respondent no 2 and 3 were absent . Since respondent no 4 and 5 have been served with notice but have not appeared court directed case against respondent no 4 and 5 should be proceeded with exparte 

 

2) on second date again respondent no 2,3 we’re absent 

 

notice was directed to be issued to R1and case adjourned to 3 rd December 

 

3) on third date court directed notice be served on R1 by 11 th February. Petitioner , R2 and 3 were absent 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

Notice has been issued to you. You need to appoint lawyer and contest the same in court once you get the notice

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

Hi 

1) 256 Cr.p.c is filed when complainant seeks permission to absent from proceedings.

2) 126 (2) Cr.P.C is filed when Respondent against whom maintenance proceedings are pending has remained absent from court. 

In your case it appears that the complainant has filed for maintenance and COURT has directed issue of notices through court and personal notices against  R1,R2 & R3 and the said notices have been sent by court and complainant to R1, R2 and R3.

Most likely the complainant is trying to obtain an exparte order against you . 

In general once cases against R2 and R3 are quashed , the same cannot be cancelled/reopened. there seems to some confusion on this. Need to see your order of Quash and Order of cancellation of quash proceedings.

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

- When your wife filed the DV case , then the court sent summons to appear before the court to all i.e. R1.to R5 , then 

1. On the first date of hearing your wife was present before the court , but R2,R3 were absent , and further as the summon of the court was served (received) by the R4&R5 then due to their non-appearance the court proceed ex-parte order against both of them. , and direct to re-issue notice (summon) to the other respondents. 

2. On the second date of hearing , your wife was absent from the court , and also R2& R3  but court not passed any order against them , and directed to send notice to R1 i.e. you 

3. On the third date also your wife was not present before the court including R2&R3, and you R1 was not served with the notice of the case , then court re-issue notice to you to appear before the court on 11 Feb,2022. 

Mohammed Shahzad
Advocate, Delhi
9473 Answers
107 Consultations

5.0 on 5.0

On all the three dates a petition seeking to condone the absence of R 2 and 3 has been filed and allowed by the court.

Since the notice to respondent No.1 has not been served yet, the court passed an order to the petitioner to take private notice against the 1st respondent.

On the latest date of hearing the petitioner side filed confirming the notice sent to 1st Respondent, which was recorded by court and passed an order to issue a notice to 1st respondent  and the matter has been post to 11.2.2022 for hearing. 

Since there was no representation for 4th and 5th respondents, the court has set them exparte. 

A petition filed by the petitioner under Cr.M.P. 6854 of 2019 is pending and it is not known that what was the relief sought by the petitioner by filing ther said criminal miscellaneous petition. 

From the details it can be found that no adverse orders have been passed against you yet.

 

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

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