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.
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
now your refusal will be treated as service and the case can proceed exparte
Shreyash Mohta
Responded 5 years ago
Thanks