Court summon question?
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Court summon question?
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We filed a case against person X
Since X was not available when we issued the summon ih his place, we issued the summon in the name of X to X's wife. X's wife acknowledge receiving the summon by stating that she received the copy on behalf of X and she is X's wife in the summon copy.
Should we consider the summon as served.
Pls let me know
Additional Details
It is a civil case for eviction/ejectment. I am the plaintiff
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Shrichand Nahar
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Did X appear in the court in response to summons served on his wife? If not, you should take recourse to other modes of service of summons. |
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Bapubabu Adv. India.
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For a criminal case, service of summon upon a woman, in absence of any male member in the house is treated as not sufficient. |
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true helper
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pl. refer sec.60-65 of Cr.P.C., if wife received summons it is valid and just delivery, sec.64 entitle you to affix summons at his address. pl. also file an appli. for warrant based on wife receving the same. |
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catsy83
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Sorry, didn't realize you might be asking about law in a country not the US. Sounds presumptuous, I know, but I'm studying for the bar in the US, so my mind is all wrapped around that. :P
G'luck w/the other answers. :) |
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♥ღ♥Jeanene♥ღ♥
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Yes..the summons was served..but if X's wife doesn't give it to X and he misses the date to appear,then his attorney might say it wasn't served even though his wife accepted it on his behalf. If you have an attorney,ask them or call the court. Just a thought. |
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Nancy G
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What you have done is called 'substitute' service and in the state where I live, your service would not be complete. I have worked in law offices in four other states and it would not be considered complete there either. |
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