Is refusal to accept time-barred notices/summons legally valid or not? Is refusal to accept time-barred notices/summons legally valid or not?

5 years ago

On 20.02.2019, police came to my office with multiple notice/summons pertaining to hearing dates of 11.07.2018, 18.09.2018, 15.12.2018 all in the same maintenance execution proceedings initiated by my wife u/s 125(3) CrPC in family court.
Since, the last hearing date calling my appearance on those summons is 15.12.2018 whereas the service attempted on me is 20.02.2019 i.e. after the lapse of more than 2 months from those hearing dates, I refused to take those summons, then the Police took my photo and also pictures of my office surroundings before leaving my premises.

Now my question is, whether my refusal to accept those time-barred notice/summons is legally safe for me or will it be treated as a proof of service in my wife's favour, I heard that police are in connivance with my wife's lawyer.

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
You contention is logical and justified but police may color it. Any way one day or the other you have to surrender or challenge the said orders of Magistrate. Better get a stay order on such maintenance orders and stay free of tension.

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Suneel Moudgil

Responded 5 years ago

A.you should have received the notice mentioning the date of receiving on the same.
now your refusal will be treated as service and the case can proceed exparte
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Shreyash Mohta

Responded 5 years ago

A.Sir, even though you have not taken the summons. The police has come to your place and have told you about a case which has been filed against you. You are aware of such case and have not taken the summons as they were time barred. It should not be a problem as there should be a delivery of another summon asking you to be present in the court on such next date fixed for your appearance. However to be on the safe side it is requested that you consult a lawyer and keep a track of the proceedings of such case lodged against you and make sure that just due to non appearance, the court does not issue a warrant against you because of which you will ultimately need to be present in the court and seek bail.

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