Legal Question in Family Law in India

My daughter in law left the house with her parents with a note that she is leaving the house as per her wish.She went to porbandar with her parents.We tried to call her back also sent legal notice from lawyer bt she didnt accepted saying that they had changed the house. and filed a case for maintenance under crpc 125 and she has got the maintenance of 5000.

After this also they were threatening my son so he left the house without informing us. Now we dont know where is he.

After my son left the house my Daughter in law has now (after 2 years) filed a DV case against me, my wife , daughter & Son. Except for my son we three have received the summons. and attending porbandar(Gujarat) court. summons has not been served to my son is known to court.

My daughter in law & her lawyer have not tried to find my son and give summons nor they have published the summons in any news papers.

Court has forced us to file our reply and continued with the case. Inspite of her own handwritten statement she is saying that we have forced her to write that statement. She dont have any proof for the same.

Request you to answer my following questions --

1. Without giving summons to all 4 of us, can court give judgement and complete the case ? If not can you provide the section under which case can be kept on HOLD till applicant follow the process to serve summons to my son.

2.Will she be entitiled for maintenance and house as under crpc 125 order of Rs 5000 is already passed?

3. Can she claim maintenance from me and my daughter.as my daughter is earning. I m retired and getting very small pension.

4. In absence of my son what kind of order can be passed against me, my wife & daughter ?

5. Can court pass the order of putting all 4 of us in jail ?


Asked on 4/22/11, 12:10 am

1 Answer from Attorneys

shiv shakner saini saini law

dont worry nothing will happen

Read more
Answered on 4/22/11, 3:10 am


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