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Court status "Awaiting Summons" since last 5 months


05-Jan-2023 (In Divorce Law)
Hello Lawyer. My wife filed 498A case in Sept 2020. We applied for an AB and we got it within 10 days and we completed AB procedure at PS. After that the lawyer who did our AB has moved to some other place so he is no more on case. We are in touch with IO and he told us that he filed charge sheet in March-2021 in court and on call he said that we will directly get court summons to appear. While filing charge sheet he did not called us to appear. I checked on eCourtService app and it is showing court status as "Awaiting Summons" from August-2021. We have not received any summons. I have Few queries as below: 1. Is is ok to wait for summons to appear in court? 2. Is it necessary to be present in court without having court Summons? 3. If we NOT appear in court will it be affected on our AB? 4. Can court directly issue BW? 5. Will it be displayed on eCourtService app if court issue any BW? We have NOT yet appointed LAWYER in court therefore I posted this question here. Thank you Sameer
Answers (2)

Answer #1
757 votes
Sorry to know about your situation. If IO has filed charge sheet then it is kept for appearance of accused. If you don't appear then court will issue summon and wait for the report of the summon. You got to abide by the conditions up in which the court has allowed your ABA. Regarding other queries..
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Answer #2
686 votes
Hello
Sameer sir,
in your above said matter there is no need to go in court, with out summons onces you will received summons then you will go in matter n proceed for your matter, and also no need to go in court now .

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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