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Clarification on Summon Received
28-Mar-2023 (In Divorce Law)
I have received summon only under DV case filed by my wife, I haven't received petition copy along with it. I have been instructed to appear in person or by pleader in next month. Following are my question
1. Can I alone appear on mentioned date and is there any possibility of arresting me.
2. Can I request honble court to provide me with copy of petition N seek some more time to file appropriate response.
3. I can see one interim order of maintenance has been passed for which I haven't been notified. Can this order be challenged or request can be put to keep it set aside.
Better it's advisable you appoint a lawyer to represent your case he will take care of entire procedure. the maintenance ordered is interim and you can challenge it either by appeal Or in the same court.. they may reduce the quantum but won't set aside... feel free to consult if you need any help
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Adv. Swarnarka Chowdhury
Mysore | 400+ Answers
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Dear Sir,
Normally, the Court staff are suppose to send copy of petition but there are not enclosing the same along with Police. Better you engage advocate and fight before the Court otherwise you can appear as Party in Person. You cannot be arrested in these proceedings unless there are arrears of Maintenance etc. You can get cancel ex-parte Maintenance order.
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Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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You need to apply for the Entire Order Sheet in the case to find out the day to day proceedings that have taken place in the court. If there is a protection order or order for maintenance you will have to comply and they you can challenge it. if it is an ad- interim order you can challenge it immediately. Once you have the information you can decide whether to ask for copy or whether to appear before the judge first. order sheet is very important.
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