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Does a private notice have legal implication on the pending case
03-Aug-2023 (In Civil Law)
Sir, I was awarded a intern maintenance of 20k in a contested divorce that I contested for 2 years and not being paid I.A even once for almost 11 months now... Even though I am from a different state that my ex.husband belong I travelled far to contest the divorce..But now I got a notice from a advocate stating that ,the husband approached high court to dismiss/stay my I.A from district court... It also stated that... The case came before high court on date **/7/2018 and the judges asked to serve a private notice... And it seems like a letterhead for the advocate and there is no court seal or address on the letter nor it was from clerk of the court..signed by counsel for petitioner... it just mentioned that... You are asked to appear before court in person /pleader within 4 weeks from then not mentioning the specific date to appear...or it will be ex parte And the final twist is the communication was dated on 27th July and it reached me on 30th z almost 4 weeks what should I do?
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
Chennai | 200+ Answers
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What is a private notice in court?
Private Notice is an email or electronic notice sent to a recipient in a private manner, such as by fax, post, or email.
What is the purpose of a private notice?
Private notices are used in a variety of ways, including to inform about a legal dispute or request payment for a debt. They can also be used to notify of changes to a contract. They are used to communicate in a formal and official manner. 25-Oct-2023
Can a private person send a legal notice?
A lawyer can help anyone send a legal notification to another person, either in their own capacity or via an authorized representative who is legally able to do so. It usually contains: The sender’s version of events leading up to the incident. Details of the incident.
What does a notice mean in court?
The legal concept of notice is a legal requirement for a party to be aware of a legal process that affects their rights, duties or obligations. There are three types of notices: public notice or legal notice, actual notice and constructive notice.
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
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)...
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)...
Helpful?
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Adv. Deva AS Gibsons
Chennai | 100+ 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...
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...
Helpful?
49+
49+
Adv. Siva Sree Gopaladhas
Chennai | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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