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