What happens if court summons not received ?

Question

What happens if court summons not received ?

04-Jul-2024 (In Criminal Law)

Maine apne inlaws k against dowry case and domestic violence case dala hua hai iske liye sab ko ek baar samman bhi aa gaye hue hain but ghar mein kisi ne bhi mere husband k samman receive nahin kiye court ne dobara se mere husband ko samman bhejne ko kaha hai aap mujhe do baaton ki suggestion do agar mere husband k samman ghar mein koi receive kar leta hai to unko kya karna chahiye or what happens if summons is not received ? court unpe koi action legi kya???

Answers (6)

If a summons in your dowry/domestic-violence case is received by your husband or a family member it will usually be treated as valid service (courts/police must, if practicable, serve personally or may leave a duplicate with an adult family member, or affix/send it if the person cannot be found) -see BNSS Sections 63'67 (summons how served; service on adult family member; substituted/affixed service). [https://www.myjudix.com/post/bnss-section-63-64-65-66-67-bnss-bharatiya-nagarik-suraksha-sanhita] If they refuse to accept the papers, refusal does not prevent the court from completing substituted service (affixation, registered post or electronic service) and the court can treat service as effected and proceed. [https://www.writinglaw.com/bharatiya-nagarik-suraksha-sanhita/] Intentionally preventing service or hiding to avoid service is an offence under the Bharatiya Nyaya Sanhita (BNS) (Section 207: preventing service; Section 206: absconding to avoid service) and can attract prosecution. [https://www.apnilaw.com/bare-act/bns/section-207-bharatiya-nyaya-sanhita-bns-preventing-service-of-summons-or-other-proceeding-or-preventing-publication-thereof/] [https://constitutionofindia.in/section-206-of-bharatiya-nyaya-sanhita-bns-2023/] If a properly served accused still does not appear, the court may issue bailable then non-bailable warrants and order arrest as a last resort, but those coercive steps must follow the stepwise judicial safeguards laid down by the Supreme Court (see Inder Mohan Goswami and Satender Kumar Antil on warrants/NBWs and Arnesh Kumar on arrest-when-guidelines in dowry cases). [https://indiankanoon.org/doc/855018/] [https://www.supremecourtcases.com/satender-kumar-antil-v-central-bureau-of-investigation-and-another-2/] [https://www.courtkutchehry.com/judgements/686508/arnesh-kumar-vs-state-of-bihar/]

Answer #1

Adv. Chikirsha Mohanty

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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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If Summons Are Not Received in a Civil Case (India)

Initial Attempt Fails:
- If the court issues a summons and it is not received by the defendant (due to absence, refusal, or evasion), the process doesn't stop there.
Court May Deem Service as Completed:
- If the defendant refuses to accept the summons or the postal officer notes "refused" on the return, the court may consider it as valid service under Order V Rule 17 & 19 of the Civil Procedure Code (CPC), 1908.
- If the defendant intentionally avoids service, the court may draw an adverse inference.
Substituted Service (Order V Rule 20 CPC):
- The court can order substituted service through:
  - Affixing the summons copy at the last known residence.
  - Newspaper publication (in a local daily).
  - Service through email or WhatsApp (in modern practice, especially post-COVID), if permitted.
Ex-Parte Proceedings:
- If the court believes the defendant has been duly served but still doesn't appear, it can proceed ex parte (without the defendant).
- The judgment passed in such a case is enforceable unless set aside through a valid application under Order IX Rule 13 CPC.
Defendant's Recourse:
- If genuinely not served, the defendant can:
  - File an application to set aside the ex-parte decree (Order IX Rule 13 CPC).
  - Present evidence that the summons was not served or received.

Advocate Sukhbeer Singh Ghai LawRato · Accepted Answer · 2024-07-04T13:49:48+05:30

Answer #2

Dear cliwnt , summoning someone is a criminal process ,while notice to someone a civil .so in your case , if you have filed a dowry case , the process server served it personally upon the person in name of whom it has been issued. If your husband intentionally avoiding sjmmon process the court will issue warrant against him. for more information meet me personally.

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Adv. Sukhbeer Singh Ghai Adv. Sukhbeer Singh Ghai

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Advocate Satish Mishra LawRato · Accepted Answer · 2024-07-04T13:49:48+05:30

Answer #3

Courts try to send summons bu ordinary ways first, like by post, then may be dasti. On each attempt the delivering person write the comments whether received or not with reasons. If the reason is cited refusal, the summons are deemed to be delivered. If the reasons are place left, address wrong, or some other reason, ask the reader or ahlmad to cite the reasons for noon delivery of summons. Rest, the courts are free enough to issue warrants against the person who is a avoiding summons.

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Adv. Satish Mishra Adv. Satish Mishra

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Advocate Bhart Virdi LawRato · Accepted Answer · 2024-07-04T13:49:48+05:30

Answer #4

Well if the husband is residing in the same house where the summons are not received by the any member of the family, then if the summons are received or the member of the family refuse to take it on his behalf, it is deemed that the summons are duly served upon the husband. Court may procede exparte against the husband keeping in mind that he is intentionally avoiding the service of summons.

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Advocate Kulwinder Singh Sran LawRato · Accepted Answer · 2024-07-04T13:49:48+05:30

Answer #5

Hi...madam ja apka husband summon nhi la rha ta app court say dasti summon k order krva lo fir or summon vala ko nal la ja k oski summon krva loo..s k bavjud v o present nhi hota court ma to court osko against arrest warrant ka order kr Sakti ha jis ma polic officer osko arrest krk court k samna present kraga..ek bat or k oska parents Summons lana k Lia bound nhi vo to court ma a k kha sakta ha k vo humara sath nhi rehta ..it means s case ma oski personal appearance e zaruri ha..

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Adv. Kulwinder Singh Sran Adv. Kulwinder Singh Sran

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Advocate Rajinder Kumar LawRato · Accepted Answer · 2024-07-04T13:49:48+05:30

Answer #6

Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate. A servant is not a member of the family within the meaning of this section. The court has power to issue warrants of arrest, if the person summoned doesn't appear despite his service

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Adv. Rajinder Kumar Adv. Rajinder Kumar

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