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What happens if summons are refused


15-Mar-2023 (In Criminal Law)
My wife files section 125 cases on me three Times summons were send my dad refuses to take summons and the nazir wrote they refused to take summons what can happen can they arrest me
Answers (4)

Answer #1
734 votes
you have tp appear before the court theteafter court did not issue warrants against you. after summons court issues bailable warrants of arrest and if even then you will not appear then court will issue arrest warrents. afterthat proclamations. but in the cases of 125 crpc if you will not appear then ex parte proceedings initiate against you and after imppsing interim maintenance conditional warrant will be issued against you then you will be arrested by the police and produce before court if you will not pay the maintenance then you will be lodged in jail for default of one month's maintenance.
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Answer #2
510 votes
Dear you did a mistake , you should immediately enquire the case what is the present status, this is a criminal procedural case, if you will deny to take summons, the case will go against you, you have to pay maintenance, otherwise you will go in jail. So take it seriously.

Answer #3
124 votes
When a person is summoned to court and refuses to comply or doesn't appear, several legal consequences can follow. Here's what happens if someone receives a court summons in India and fails to respond:
  1. Contempt of Court: Ignoring a court summons can lead to a charge of contempt of court. Contempt proceedings can be initiated against the person who refuses to appear in court. Contempt of court is a serious offense, and penalties may include fines, imprisonment, or both.
  2. Warrant for Arrest: If the individual does not appear despite the court summons, the court may issue an arrest warrant. This means that law enforcement can arrest the person and bring them before the court. The person may be detained until they can appear before the judge.
  3. Default Judgment: In civil cases, if the defendant (the person summoned) does not respond or appear in court, the court may proceed to give a default judgment in favor of the plaintiff (the party who initiated the case). This can result in the defendant losing the case without their input or defense.
  4. Legal Consequences: Failure to respond to a court summons can have long-term legal consequences, including adverse judgments, financial penalties, or even imprisonment, depending on the nature of the case.
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Answer #4
196 votes
The individual should not avoid appearing before the Court under any circumstances. The Court can hold the person in contempt if they fail to appear after being summoned.
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