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Distress warrant issued against my son in maintenance suit
13-Oct-2023 (In Divorce Law)
My son 43 is a mute person who can't hear also was married on 30th November 2011 and his wife left him on 15th January 2012. Out of wedlock a girl child was born on 31st August 2012. She never came back, and filled a maintenance suit against my son in Ranchi at her own city in the year 2019. We received the summon but as my son is deaf and dumb and I am a senior citizen having problem in travelling we appointed a lawer to represent my son. But the family court judge did not allow our lawer and wanted the presence of my son. Ex parte order was issued to pay 10000 to mother and daughter. The order was never served to my son and we came to know only after the police came to our rented house to arrest my son. We are in kolkata and need to know how can we reopen the case so that we can fight the case. Can we get any relief from arrest from our city court.
dear client as per your query since your son is deaf and dumb does he earn or not and since your daughter in- law left your house according to her wish or will you did not force her so no maintenance should be given to her only to the child to be given you can consult me online by paying online consultancy fees..
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Adv. Priyanka Singh
Kolkata | 500+ Answers
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yes you can reopen the case and provide proper documentation to exempt the appearance part of your son and need full details alongwith case papers to guide to the best path so that your son gets justice
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Adv. Aveek Bose
Kolkata | 500+ Answers
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you can file a case of revision before the Hon'ble High Court at Patna (if rachi do not have any high Court of its own) praying for recalling of the order issuing arrest warrant against your son. also you can seek permission for your son to appear virtually on each date of hearing before the lower Court if such facility is available or seek transfer of the case to a Court where such facility is available. it would be relevant to first read the compliant of your daughter in law to render any further legal advice. in the alternative your son can reach out to the execution Court and seek bail after agreeing to pay the amount of maintenance. you can also approach the Hon'ble Apex Court thereafter to get the case transferred to West Bengal citing relevant ground which may be difficult but not impossible.
Regards,
Tanmoy Chattopadhyay,
M.Sc (Net), LL.B (Delhi)
Advocate,
High Court, Calcutta.
Regards,
Tanmoy Chattopadhyay,
M.Sc (Net), LL.B (Delhi)
Advocate,
High Court, Calcutta.
Helpful?
Adv. Tanmoy Chattopadhyay
Howrah | 500+ Answers
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