Procedure to contest case of restitution without receiving the summon

I am a hindu NRI and my wife filed a resituation of conjugal rights against me in a family court with lots of false allegations. I have strong evidences to prove I am innocent and evidences to prove that she had abused me in many ways including threats and attempts to kill me. So I wanted to contest the case. On the first court hearing, I was told by my advocate that my wife sent the summon in a courier without getting proper consent from the court so the judge scolded my wife and post poned the hearing to a different date. On the second hearing, I was told it was postponed because I didn't receive the summon so I cannot contest the case. On the third hearing, I was told the judge went on holiday so the case was postponed to a different date. I am very sure even the fourth hearing would be postponed stating I didn't receive the summon. My question is 1) How can I contest the case without receiving the summon? Please help!

Answers (4)

54 votes

Are you residing in India? By any means you need to be present physically for the first 2 hearings. You need to hire an advocate and file vakalat. You can get the papers from the court and file the counter. Also you can amend the case to include your family member to attend the court in your absence and through video conference when needed if you are abroad

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215 votes

Unless and untill the summon has been served on you, no orders will be passed against you. The court will give sufficient opportunity for you to defend your case. if at all the case is decided in your absence you have the provision to set aside that order, so no need to worry. wait untill you receive the summon and then contest the case

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290 votes

With reference to Your post that if you have not received the summon and you can file preceding before the appellate court to setaside the proceedings on the ground of violation of principle of natural justice.

191 votes

Hello Sir, Summons are served for the purpose that you receive information about the case which is filed against you. In your scenario, you already have information about the case. you can very well appear without receiving the summons when you have knowledge of the case and when you want to do it. Mostly people doesn't appear till summons are served with an intention to delay the proceeding which you don't intend to do in your case. When you are desperate to appear and put forth your submissions, non service of summons can't stop you. You can instruct your counsel to appear and put forth your submissions.

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