Legal Question in Family Law in India

please help me, I am at my wit's end and really need an answer.I have already posted that my husband, an NRI, and his parents threw me and my infant daughter out of my marital home, demanding dowry. My husband resides in the States and is refusing to allow me to travel back to the States , he has completely deserted me and my daughter ,I filed a Domestic Violence case against him and my inlaws who are residing in India. However my husband who is in the States is avoiding the court summons,meanwhile my inlaws have engaged a lawyer who is trying to exempt them from appearing in court on the excuse that they are elderly. 4 hearings of the DV case have already occured and nothing has been done as the judge says that he wants to wait for my husband to recieve the summon, and the judge is not granting me any interim maintenance till then. After fiing my DV case, I changed lawyers as my previous lawyer would not appear for any of my hearings and was too busy. My current lawyer started attending the DV case from the second hearing. However I found out only after the fourth hearing that the RPAD post containing summons to my husband has not even been yet sent by the court as my previous lawyer has submitted an empty RPAD envelope with no address on it. When I asked my current lawyer why he did not notice this at the time of the second hearing itself when he was present, he gave me vague answers saying that my first lawyer was to blame.When I asked him as to why he did not check all the documents and go through my case files when I handed the case to him wherein he could have noticed the RPAD error in the first place without wasting so many weeks from the second hearing to the fourth hearing which was a total of 4 weeks, he argued with me saying it wasnt a problem and he shall amend it on the date of the next hearing.As I am the one suffering with a little child with no home and shelter, I am very unhappy with his handling. I wish to know whether the RPAD summons for my husband can only be sent at the next court hearing? Do I need to wait until my next court date to even put in the address on the RPAD envelope and send it or can I send the summons before the court date?My next hearing is not until 20 more days and if my lawyer waits for 20 days and at the next court date addresses the envelope, only then will the court send it and from what I have been told, it may take another 3 months for the RPAD to reach my husband in the States. So can I send it earlier before my next hearing? or like my lawyer do I have to wait till the next court date only? Also why is nothing been done about the summons which have been received by my in laws? The summons has not reached my husband but my inlaws were served, so cannot I ask the court to at least give me interim maintenance as my inlaws were served? Please,please advise me how to proceed? I am really lost and feel that my lawyer being too busy is not helping me out. please advise.

https://www.lawguru.com/answers/#


Asked on 10/16/10, 4:44 am

2 Answers from Attorneys
dilipkumar joshi dilipkumar joshi

you get your summons served through our embassy. request court and court can do it.

as per provisions of law this is possible.

Read more
Answered on 10/16/10, 5:05 am
Devansh Bhardwaj Devansh Bhardwaj

You had earlier asked the same question to which I'll again suggest that why don't you get the notices served upon your husband through the Embassy. Now on seeing the current state of the case what I can suggest you is to ask you Lawyer to file an application for the preponment of the date and then make a request from the Court for issuing the notices to your husband.

FOR FURTHER DISCUSSIONS IF ANY YOU CAN CONTACT ON 9415109404 OR ON [email protected]

DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

Read more
Answered on 10/17/10, 5:23 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India