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Does a private notice have any legal implications on a pending case? Please explain the role of a pr
25-Jul-2024 (In Civil Law)
Sir, I was awarded interim maintenance of ₹20,000 in a contested divorce case that I fought for 2 years, but I haven't received any payments for almost 11 months. Despite being from a different state than my ex-husband, I traveled a long distance to contest the divorce. Now, I received a notice from an advocate stating that my ex-husband has approached the High Court to dismiss or stay my interim maintenance application from the district court. The notice mentions that the case came before the High Court on /7/2018, and the judges asked to serve a private notice. However, the notice appears to be on a letterhead without a court seal or address and is not from the court clerk. It is signed by the counsel for the petitioner and instructs me to appear in person or through a pleader within 4 weeks, but does not specify a date. The communication was dated July 27 and reached me on July 30, almost 4 weeks later. What should I do in this situation regarding the private notice in court and its implications under CPC?
You may still appear before the high court and tell that you got the letter beyond four weeks and show the records. Then high court may give you sufficient time to you for your reply. For more information you may call me
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Adv. B. Sivasubramanian
Adv. B. Sivasubramanian
Chennai | 5+ Answers
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To my understanding it is a private notice as per the orders of the court. You should immediately approach a lawyer in the concerned court and engage him and in need be ask you lawyer to show the envelope cover with seal on in along with the date of the private notice to the judge. Though it does not serve any purpose, the judge may smell the rat and be cautious in dealing with your case.
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Adv. Gokulakrishnan A
Adv. Gokulakrishnan A
Chennai | 100+ Answers
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Hi Madam,
Legal notice (private notice) from advocate office so no need court seal or court clerk.....based on legal notice u can file vakalat in High court (VERY SOON). No issue -Don’t worry…
• Tell your advocate to take steps to get the maintenance ordered. Your advocate may file a Execution petition against him under section 125 (3) CrPC before district court for maintenance.
• Your advocate can bring to the notice of court the issue of no-compliance of court order, and file an application if needed and ask for issuance of warrant.
• If he is working man or Government Employee, you can request the court for an order to deduct the amount directly from his salary to your account.
• The court has power to issue arrest warrant against him and send him behind the bar till the payment…
Try to settle down the case very soon. Don’t waste your beautiful life (applicable to both parties)...
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Adv. Deva AS Gibsons
Adv. Deva AS Gibsons
Chennai | 50+ Answers
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YES, a private notice sent by an Advocate is very much valid ...
The common procedure in High Courts, is that they may adjourn the matter after a week or some weeks without specifying particular date..(different procedure from subordinate courts).
its the work of client or their counsel to check the daily High Court list , to see whether their case is in the list...
As of your matter is concerned...
If your case taken up for hearing ,they need the acknowkedgement card, or any other proof for your receipt of their advocate notice, to make you exparte...if not , they will serve a fresh notice on you...
So dont worry , and please contact an Advocate and check whether your case , already listed, if not , be careful and track daily list to see ...whether it is in list and make your appearance...
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Adv. Siva Sree Gopaladhas
Adv. Siva Sree Gopaladhas
Chennai | 25+ Answers
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