There is no punishment for not attending family Court which  is civil Court. On the date of your appearance, you will be set ex parte and matter will be posted for evidence of petitioner, you can appear on next date of hearing and get the ex parte order set aside and joint the proceedings of Court. You are entitled for alimony which  you will get. You are a law graduate, you should the what the law is.

I am forwarding the law against harassment of wife by husband and his family. You will know all the law that is in your favor. Make use of whatever is required for you.

You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following  remedies are available to you…

1. Under Domestic Violence Act, 2005—
2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
3. Protection order prohibiting husband from—
4. committing any act of domestic violence;
5. entering the place of your employment;

• attempting to communicating with you;

1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
3. Monetary reliefs:
4. To meet the expensed incurred and losses suffered as a result of domestic violence;
5. Loss of earnings;

• Medical expenses;

1. Maintenance for wife and children;
2. Lump sum payment.
3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.
4. You can file a case under Section 19 (b) or (d) Domestic Violence Act, 2005, under which  Court will order police to take to the matrimonial house and keep you there. Court can also order husband not to enter within 200 meters of house. If he obstructs you, police will arrest him.
5. 
   Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child. Employed or not, earning or not he is bound to pay you and your child maintenance.
6. 
   Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
7. As per Section 6 of Hindu Minority and Guardianship Act, 1956, custody of child below five years will be with mother with visiting rights to father and custody after five years of age will be father with visiting rights to mother. Though this is general rule, this is not fixed law, in special circumstances child above 5 years especially when the child is girl, custody is given to mother with visiting rights to father. 
8. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.

 It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony running into hefty sum.

It is strongly advised that you should…

1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
2. Restrain him from house transferring as the same belongs to you son.

The notice was received and was served. Therefore the son cannot be absolved from the responsibility of presenting himself before the court. The father forgot but that doesn't matter.

She cannot be entitled to maintenance as she is employed but alimony has to be given although not as much as a housewife would get.

There's nothing wrong in serving the summons on the father of the respondent. 

If the respondent is claiming innocence then his father should not have signed the summons acknowledging the receipt of summons to his son.

Well if you don't appear before the court on the date of hearing then you will be set exparte and orders may be passed against you in your absence. 

There is no question of arresting you. 

You can file a petition to set aside the exparte orders after that. 

If she is not employed and having no source of income to sustain her expenses then she may be eligible for maintenance 

If son is not a party he is not liable to attend any hearing or court

Service of summons has been accepted by father  as family member 

service of summons is valid 

son would be liable for payment of any fine imposed by court 

if there is not much difference in your incomes wife would not be entitled to any alimony 

We cannot see answers given by other advocates 

hence cannot review the advice 

If the notice is not served to the son and he was absent he can't be made responsible for the same. In this case a fresh notice will be issued and only after service he will have to attend. Any action taken on non served notice can be setaside and quashed by appellate court

Please don't expect and answer in only your favour legal situation in the complaint maybe assessed by the advocate before giving you the answer sometimes you will find an answer which may have be favourable to you please understand this situation

This is a public forum where lawyers of different places would be answering the questions posted, you may select whichever answer suits you the most as per your circumstances.

- As per law , if the summon was received by the father , then it is presumed that the service of summon has been effected on the respondent , and information of the summon has been given to the respondent. 

- Further , the court after accepting the said service , may pass ex-parte decree against the respondent. 

- However , if the information was not passed to the respondent , and the signature of the father was taken after keeping him in dark , then the respondent can move an application before the same court for setting aside the ex-parte decree . 

- A well qualified wife, who is having the earning capability & capacity, but desirous of remaining idle, is not entitled to claim any maintenance from her husband. 

- Further, the respondent can also move an application before the court for a foul play against the respondent for serving the notice on the respondent 

Dear Client,

Generally the summons is required to be sent to residence/business place of the accused and if he is not present the summons may be delivered to any adult male member of his family. The accused should remain present and furnish bond/bail by hiring an advocate.

Thank You.

[The Appellant is Law graduate and in service before marriage, She is entitled for alimony, pl. sujjest]