Legal Question in Family Law in India

Dear Experts,

please guide me, that a family court-2 District Jaipur Rajasthan issues summons under section 151crpc for restoration of 125crpc and send summons to superintendent of Police District Bhilwara Rajasthan for service but police is not serving summon & sending back to court with their comments, it happened three times, court is reissuing it but not serviced by the police and not returning to the court, thereafter i filed a RTI to Bhilwara Police SP for knowing the details that what has been done by SP in serving the summons till date, SP replied that defendant not found and summons have been sent back to court, but same not received by the court.

How many times court can issue the summons whereas respondent address place etc all are the correct but respondent having highly politically influence. While before this summon (restoration case) Respondent & his legal friend (relative) had contested in the case of 125. in that case we had submitted final written argument and finally the argument was pending before the court, unfortunately admitted in hospital and not able to appear before the court, so and court dismissed the application on non appearance and non pleading.

and now I received DASTI Summons from the court for service in-person, I afraid when I will reach to SP Bhilwara Raj., defendant will get the information and will disappear from the his home/address then how summon will be serviced? as defendant is highly influencing persons and police also support them. please guide me so that i can get summon duly serviced.

and what next to be done for duly service please guide.

Regards


Asked on 3/05/15, 2:43 am

1 Answer from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

If summons are not served, the court may issue bailable warrants and finally non-bailable warrants. If service cannot be completed in any manner, the person may be declared a proclaimed offender.

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Answered on 3/06/15, 8:06 pm


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