Legal Question in Family Law in India

summons are not accepting..

I filed for maintainance in family court ,india.The court gave summons in that case/petition.I sent the summons through fed ex/courier to my husband who reside in US. the courier people tried to deliver the package,but did not find him at the address i speciifed.So courier people contacted my husband over the phone.my husband told them that he is not expecting any thing .so he do not collect the covers from courier.so the courier people returned the summons to me. the courier people mentioned the same in the e-mail. does it come under contempt of court? what the court should do now? do the court has power to issue non bailable warrent against my husband? pls help me out


Asked on 7/16/09, 11:24 am

4 Answers from Attorneys

Re: summons are not accepting..

First court will issue munadi. Then case will be exparte and you can attach his property or salry to get compensation.

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Answered on 7/17/09, 4:51 am

Re: summons are not accepting..

send the summons again by making a application in the court at the new address before that find ourt his correct again u can send the summons thro embassy also

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Answered on 7/17/09, 11:06 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: summons are not accepting..

you may summon the courier agency and let their statement be recorded that your husband refused to accept the summons and the court would start ex parte proceedings against your husband and you give your evidence for maintenance and as there would be no opposition, you would get maintenance you asking for. and when the decree needs to be executed, warrants of attachments may be issued clubbed with warrants of arrest.

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Answered on 7/16/09, 12:54 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: summons are not accepting..

Yes, the court has power to issue NBW. The court may 'deem' the summons to have been served on the basis of statement made by courier company officials. However, another attempt to send him summons may be made through SPEEDPOST and by ordinary as well as Registered post (through Indian Postal Service).

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Answered on 7/16/09, 8:47 pm


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