next step Court passed ex-parte order in favour of dangerous wife on DV and issued warrant on me

[suman_ghosh123 0]

I am married with my wife on 2008 March. Wife had a conjugal life of hardly 3 months with me, sometime in my native and for 1 month with me, left matrimonial house in 2009. Although my native place is in Raiganj, i live in Kolkata. She and her parents use to abuse me althrough-out. My father expired on April'2012. Earlier father has filed general diary against my wife, her parents on 2010 with local police station and again reported the same on 2011 giving all the details that she does not live with me, not returned bacl and I stay far away from kolkata. Wife filed dVA and maintanance case against me on May'2012. Lower district court send notice to me along with my widow mother and my brother. during june'12. My widow mother accepted her but denied to take notice addressed to me and my brother as a reason that she is not in contact with her children. I have not received/accepted court notice/summons till date although a letter basis court ex-parte judgement on monthly maintanance of 20K and arranging her to stay in my native house was shared to me via protection officer on July 2013. I handed the same to local lawyer. Now court has ordered warrant against me whose executing order is still pending. My wife with help of protection officer brought police along with protection officer, broke lock and keys of my native home last week where nobody stayed. Wife started living along with her mother regularly.

 

Local lawyers told me that there is nothing to worry as because summons/notice were not sent to me through proper channels. Pasting in my residential place, court did not accept the same. No publication in newspaper as well. Although a court record exists that they have sent the same to my kolkata adrress. But I did not acknowldege the same at any stage nor did I recieve.

 

Local Lawyer has done a RTI to get top of it as how the summons were served

 

 

Particulars of Information to be sought are:-

 

a) To which address the summary of Mr. Suman Ghosh S/O Late Suprabhat Ghosh the O.P No 1 of case no CR 292/2012 of Ld Addl J.M was sent by the protection officer?

b) By which process the summons were sent?

c) Whether any summon/notice was sent to the address of working place of the O.P No1 Mr. Suman Ghosh of case no C.R.292/12 by the protection officer before 18-12-2012? If so by what mode?

d) Whether any summon or notice of case no C.R 292/12 was served upon O.P Suman Ghosh S/O Late Suprabhat Ghosh personally?

e) Was there any impediment/objection to serve the summon on him personally? If so what was the reason?

 

Kindly let me know what may be the outcome and how many days does it take to get informations on RTI.

 

 

 

I shall be waiting for expert input on the same.

 

Regards

 

Suman

[jps50 1,580]

You may file RTI with PIO of the court. Time limit is 30 days plus 10 days for both side postal time, from the date you mail RTI application. Under RTI you can seek information but not ask questions. Hence reward your queries as under:

 

Please inform me following details in connection with case No. ________ in the name of ____ v/s ____:

 

1. address at which summary of ............

 

2. process or method by which summons were sent

 

3. Mode of mailing and date when summons/notices were sent at the address of work place of ........

 

4. Date of serving summons on OP ..........

 

5. Reasons on record for not serving summons personally to OP..........

 

Please also refer:

 

HOW TO FILE RTI:

http://www.rtiindia.org/forum/blogs/jps50/93-how-make-rti-application-effective.html

 

You can also get these details by applying to court as per rules of that court [non-RTI] through your advocate.

[jps50 1,580]

You may also refer:

 

Save Indian Family Foundation ? SIFF

 

Fight Against misuse of Dowry law (IPC-498a) - Get Free Advice and protect against 498a

[suman_ghosh123 0]

Dear Sir,

 

Thank you for your detailed advise. But unfortunately this has already been sent on 30/05/2014 by my lawyer. He has also sought informations from court on the same ground. Appologise if this has been mistaken by him unknowingly.

 

Kindly guide if this could make a difference.

 

Is there a possibility that this application may be rejected?

 

In case truth comes out that no notice been sent to me legally accpetable can I get stay order on both residence capture and warrant issuing?

 

Thank You.

 

Regards

Suman

[suman_ghosh123 0]

Dear Sir,

 

The pdfs will help me immensely. I am getting sick of this false allegations and judgements.

 

Kindly set me more informations on wife's maintanence and household in misused DV Act any supreme court rulling with Act number.

 

Thank You.

 

Regards

Suman

[jj99 136]

there is an amendment in law once you reject summon ( through dasti / hand delivered / post ) it is regarded as you have refused to accept hence ex-parte order was requested by your wife's lawyer

 

has you mother filed reply what papers she received ?

 

most of the Rti application --I belive is of judicial side which is not covered under RTI

instead you can take copies of record on protection officer who were deputed and what orders they got instead of pin pointing exactly on your case ( take a generic view )

[suman_ghosh123 0]

Dear Sir,

 

Before ex-parte hearing was fixed my local lawyer has submitted/apealed to revoke ex-parte order which is recorded in court records.

 

In one of the readings in this RTI site I found that Bombay Goa High court rulled that an order of the SIC can be set aside if the third part was not given an opportunity to be heared as the petioner was entitled for a notice within the provisions of section 11 of Right to Information Act. Admittedly no such notice was given as contemplated in lawand as such the orders passed by the respondent vitiated sand deserves to be quashed.

 

Kindly guide further.

 

Regards

Suman

[suman_ghosh123 0]

Hi All,

 

I need RTI rullings pdf.I am not able find or download the same.

 

Kindly help me.

 

Regards

Suman

[jps50 1,580]

This portal is only for RTI. I can provide guidance on this issue only. For all other issues your advocate is the best source. You may search in google for other information if you need.

 

Under RTI advocate cannot file RTI on your behalf. You have to file it.

[krsna.kumar 0]

contact on this no. XXXXXXXXXXX immediately

(Posting mobile no./email on open threads not permittd)