• Domestic violence and maintenance

Dear Sir,

I am married with my wife on 2008 March. Wife had a conjugal life of hardly 3 months with me, sometime in my native and for 1 month with me, left matrimonial house in 2009. Although my native place is in Raiganj, i live in Kolkata. She and her parents use to abuse me althrough-out. My father expired on April'2012. Earlier father has filed general diary against my wife, her parents  on 2010  with local police station and again reported the same on 2011 giving all the details that she does not live with me, not returned bacl and I stay far away from kolkata. Wife filed dVA and maintanance case against me on May'2012. Lower district court send notice to me along with my widow mother and my brother. during june. My widow mother accepted but denied to take notice against self, my mother and brother. On defence she clearly told that she does not have contact with her sons. I have not received/accepted court notice till date although a letter basis court judgement on monthly maintanance of 20K and arranging her to stay in my native house was shared with me via protection officer but not via court on July 2013 which was not given importance. Now court has ordered warrant against me whose executing order is still pending. My wife  with help of protection officer brought police along with protection officer, broke lock and keys of my native home where nobody stayed and wife started living along with her mother. 

I request urgent suggestion from experts that whether they can do this or court can order/entertain such orders without even issues notice properly to me. What should be done to get a stay on this/ win such battle?

Kindly suggest.

Thank you.

With Regards
Suman Ghosh
Kolkata
Asked 2 years ago in Civil Law from KOLKATA, West Bengal
Not accepting court notice/summons led to passing of ex-parte orders which was served upon you through protection officer but again you made mistakes by not giving importance to the same. you must challenge the said order if feeling aggrieved of. your wife has taken implementation of the orders passed by the court.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1) you have not mentioned your wife qualifications ? whether she is working or not? what is your income ? 

2) your wife has right to stay in matrimonial home . 

3) if you are aggrieved by order of maintenance passed file an appeal against said order before session court . 

4) you can also challenge on ground summons were not served upon you . it is necessary to go through the roznama as to whether summons were directed to be served by substituted service
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
she should challenge ex-parte order for not being served with summons/notices.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1) since your father died without a will you , your brother and your mother have equal share in the said house . oin other words you have 1/3rd share in said house . your wife has right to stay in matrimonial home
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
in addition wife could get Rs 15,000 as maintenance . you should file appeal against order of maintenance . your case should be that you have dependent mother also to look after . Rs 20,000 is on the higher side
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
yes you can challenge. Non-service of summons would be the ground besides others grounds.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
you can challenge non receipt of summons as an additional ground to assail the order . we had advised you to peruse the roznama of the trial court to find out on what basis court has said summons have been served upon you . whether application for substiuted service was made by your wife ? paper publication done ? in case wherein summons cannot be served at the residential address mentioned in complaint substituted service is allowed
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
1. collect the certified copies of the daily prder sheets to understand the matter as to what has been transpired in the Court,

2. File an appeal agsint the said order before the High Court based on tye ground that you were not sent the said Summons,

3. Summon was shown as isssued by Tamlum Court against my Client in a divorce case filed by his wife whose father was an MLA and also a laywr,  duly managing the concerned people and she got divorce on the 45th days from the date of filing when normally it takes 3/4 years,

4. Verify the daily order sheet to get to the bottom of the matter.
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0
Check from court records/order sheet on what basis the court proceeded ex-parte.You might not have been served personally but it would have been effected by other modes of service. Under the orders of the court, Protection officer can break open locks.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1)we have advised you to check factual position from the court which issued summons . 

2) based on perusal of said documents  your lawyer will guide you as to next course of action 

3) if summons had been served and inspite of service you did not appear  court must have passed orders . based on said order PO must have broken the locks
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
When you were aware of pasting why did you not mention in your queries? Yes, you were served by pasting.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
you have been served with summons
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
mr Suman 

 we have advised you at length . you have raised over 10 queries on the said subject . if summons have been served by pasting on your door it would only be through court orders . check roznama as repeatedly advised to you .
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
thanks for your appreciation . you better go by your lawyers advice
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0

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