• Court summons issue

Hi Sir,

I filed a divorce case against my wife on the basis of cruelty and adultery in local court, from past three years court case is running. Recently i came to know (one of the known lawyer intimated me)my wife filed a maintenance case against me , then i checked court website  then i came to know she filed the case , i am not received any summons from the court but in the court website they mentioned the status like this "Petitioner and Respondent to be present for furnishing copies cal on some date.".Without sending summons how can they do like this . I am living in the same house from past 10 years.  Whom can i report on judge and bench clerks. Taking money from my wife they are doing like this. Please help me on this.

Prasad.
Asked 1 month ago in Family Law from Bapatla, Andhra Pradesh
Religion: Hindu
1) contact local lawyer 

2) take search of court records of yiur case 

3) it would show whether Summons have been served or not 

4) attend court on next date 

5) obtain copy of application for  maintenance filed by wife 

6) file detailed reply 
Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
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court will proceed further only on basis of report that summons have been served or not 

2) you can engage a local lawyer to keep a watch on the proceedings on said date 

3)in your reply you should lay strong emphasis on fact that wife is highly qualified having property of  5 crore in her name and can easily maintain herself

4) court would consider your income , wife qualifications , her assets in determining amount of maintenance
Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
5.0 on 5.0
1. Do not make wild presumptions such as judge taking money. The court websites in India are not updated. It does not more often than not show whether summons are served. You should inspect the judicial file to ascertain the exact stage of the case. 

2. People pay money to the process servers to either return the summons or to show that the defendant refused to accept those, but in your case it does not show that you have been proceeded against ex parte. So you still have time to appear in the court to find out if someone else is masquerading as respondent in the court. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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Dear Querist
if she is not working and you are working and earning then mere based on qualification, she is not dis entitle to get maintenance from you, being a husband it is your duty to maintain your wife and there are several judgments of High Courts and supreme court in which the court grant maintenance to well qualified wife.

second thing regarding the court order, as per your information it is mention in the court order that the petitioner and respondent to be present for furnishing copies cal on..........." means the court issue summons to you, if the summon has not received by you or your any adult male family members then no need to worry, wait and watch, the court will not pass any order against you until and unless court received a report that the summon has been served" and after service of summon if you are not going to appear before the court then the court has power to proceed ex-party and pass an order against you.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3533 Answers
130 Consultations
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If you have not received the summons then you dont appear before the court in that case. 
Let she  go to an extreme end too, you can challenge all her wrong moves and fraudulent actions properly.
You can inform the court about this when you appear before court after receiving summons.
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
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In the records it showing 
First Step : First Hearing date.
Second Step : Petitioner and Respondent to be present for furnishing copies cal on 'dd/mm/yyyy'.
There is no step indicating weather Summons are served or not.
The Petitioner is managing the court staff.I am bit worry about the case.Is there any way to take action on them or file a petition on them.And one more thing is my wife is a post graduate and she is capable of doing job , to get maintenance from me she not doing any job. She is having a property worth of 5 crores.We don't have children's also , she stayed with me only six months and she never served my needs and she married me with force of her parents, on what basis court will grant maintenance. Please guide me how can i proceed further.

The ecourt details about the case status may not be accurate since they are not updated properly owing to many administrative and technical reasons. 

You may wait for the summons to arrive at your address.

The maintenance grant shall be decided by court after hearing both sides and analysing the facts that are put before it by both the sides, hence dont keep worrying about it so soon. 
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0

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