Anonymous
Asked April 06, 2017

False defamation suit by ex husband's parents

  • 2 Answers
  • 317 Views

My ex-husband's father and mother filed a defamation suit against me and my family of getting around rupees 10 lakhs money. I did not get the summon, other members in my family has got the summon. Should I need to get the summon or not? We have taken divorce before 1 year and now I am pregnant for 2nd husband. My due date is April 21 and appearance date in hosur subordinate judges court on April 17,2017. We cannot go there because of my due date. Should I and my family need to appear or otherwise shall I send my relatives to appear in court and explain all details of our absence. Is it necessary to get the summon all times? Is there any possibility to change the case to Madurai so that I can  file suit of defamation against them. Actually full mistake was with them. For each and every suit they filed we are having a proof.

Answers 2

 

 

 

Dear Sir/madam,

A transfer application may be filed before the Hon’ble Supreme Court for the transfer of a case from one state to another. The law under the provision of Section 406[1] of the Criminal Procedure Code provides so. Since, your cause is a genuine cause and makes it impossible for you to be present before the concerned court. The reason is justified and can be taken care of by the advocate appointed by you. Your advocate appearing on your behalf and in your absence can move an application to the judge stating the aforesaid reason and the impossibility following it. This application will mark your attendance in the court, on the date of hearing. Plus, a person appears in court only on the intimation by the court otherwise it creates an impression on the court that you already had the knowledge of such a crime committed by you. And therefore, you appeared in the court without any summons.

Appearing in the court is your response to the summons that might have been served on your name. If you have not received it then on what ground / basis do you want to mark your presence. Only the ones who have received the summons are bound by law to be present in the court of law on the concerned hearing date. You don’t have a summons in your name, thus, no one compels you to go.

Also, if you have all the documents and necessary evidences to prove the prosecution wrong then no need to bother. Sit back home and take good care of the child to come.

 

[1] Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court.

Agree Comment 0 Agrees over 3 years ago

If u have not received summon u should not worry , but u should hire a lawyer to know the status of case in court so that lawyer can take necessary action on ur behalf and give reply in the court .

Agree Comment 0 Agrees over 3 years ago

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