• Submission of Written Statement - Modes

Sir, 
I have been served Notice under Sec 27(1) of Special Marriage Act 1954 and have been asked to submit a written Statement. 

My matrimonial address is in Chennai and for Business reasons I stay for long period in Hyderabad. However, recently when I went to Chennai, My Mother in Law and Wife denied entry into my own house and filed a complaint at local PS. 

I got arrived at Chennai station - Went straight to my house - My mother in law who was at home denied entry into house - my wife who was in office called 100 can called police. Police arrived and on being told by my mother in law that a case has already been filed in the court ( till this time i was not aware of this) Hence Police asked me to come to PS. 

At police station, after a 7 Hrs ordeal, I was instructed by PS to leave Chennai immediately and threatened me at the behest of my wife to file criminal case relating to crime against women if I return or seen any where in the area of my residence. Hence, on the same day I returned to Hyderabad. 

After arriving at Hyderabad, after 2 days I received the said Notice. 

Now my problem is I'm in fear of false implication by police if i go to chennai and also required to be present in the Court as per the notice. I want to know if there is a mechanism for me to convey this problem to the court by POST or by any other means which is admissible. and the procedure to file a written statement by post to the concerned court under the circumstance. 
If Yes, what is the procedure and other requirements. 

Kindly suggest
Asked 5 months ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu
1) you can engage local lawyer and file your detailed written statement 

2) you cannot file your reply by post to court 
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
You should apply for and obtain if you apprehend that you may be arrested. Furthermore, you are not required to be present personally before the court as the presence of your lawyer shall suffice.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
You may file your written statement through post either registered or speed post after attested the affidavit.
You may also file an application before the court and informed about your fear, the court may pass an appropriate order regarding the same.
Feel Free to call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
She has filed the divorce proceedings against you before the court.

If you have received the summons, you may have to appear in person or through your lawyer and seek time to file written statement denying her allegations.

You said you visited your house in Chennai, whether it is your own house or your wife's house?

If it is your own house then your mother in law cannot ask you to get out.

You cannot send the written statement by post.

Engage an advocate, he will take care of all other issues. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. Written statement is not sent by post to the court. I have stated clearly in my reply that after you engage a lawyer you do not have to appear in the court for the filing of the WS. He can draft it, send you the soft copy and then you can send it back to him after putting your signatures. You are also free to apply for and obtain bail if you apprehend an arrest.

2. The amount collected from you was not fine, it was illegal gratification. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Only if case is registeted against you would police take your thumb impression and your photographs

2) if fine has been taken receipt should have been issued by police 

3) you can complain against ACP to the commissioner of police for assaulting you 
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
The contents of your subsequent post are nothing but violation of law and human rights.  

The excesses of police should have been reported to the higher up of the police or a petition before human rights commission could have been tendered.

Generally the police would  take photographs and fingerprints of the hardcore criminals remanded for serious offences

This being a matrimonial dispute, he police cannot indulge into such atrocities.  

This clearly indicates that your wife or her side people have heavily influenced the police with hefty bribe amounts hence the police to scare you have done such acts or you are hiding the actual information here.

Even now you can consult an advocate and file a petition before state human rights commission for the police excesses.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
443 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0