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Procedure for Summons in CrPC 125 case
Sections 61 and onwards in CrPC (Code of Criminal Procedure) lay down procedure for summons. Since CrPC 125 can result in punishment of 1 month for every breach, the procedure for CrPC 125 is taken as per a summons case (as opposed to a warrant case for serious crimes).
The form of summons is given in Sec 61 of CrPC.
The format of summons received in CrPC 125 case will be according to summons form in Schedule 2 of CrPC:
To ... (name of accused) of ... (address)
WHEREAS your attendance is necessary to answer to a charge of ... (state shortly the offence charged), you are hereby required to appear in person (or by pleader, as the case may be) before the (Magistrate) of ... on the ... day of ... Herein fail not.
Dated, this ... day of ..., 20 ...
(Seal of Court)
(Signature)
\
\
Section 62 of CrPC covers the process how summons will be served on you if wife has filed CrPC 125 complaint.
So a summons can be served by police officer or an officer of the court, and you have to sign it to denote your acceptance of the summons. Collect your copy of summons and appear on the mentioned date in court.
So now you know that if you get a call from someone claiming to be from a women's NGO, that is not a summons from court. You can very well ask them politely to send you a written letter about whatever they have to say to you about your wife's complaint, and you will take it from there.
Can summons be delivered at your office address?
I have heard from some men complaining that wife had got the summons sent to their office address, and they felt bad about it because it will create a bad impression in office. Someone even asked whether he can file defamation on wife based on that.
The first question to ask is that whether the summons can be sent to office address? The CrPC doesn't say anything about which address the summons has to be sent to. The legality seems to be that summons is meant for a person, not for an address. As long as it is sent to a home or work address of the person, I think it's all fair game as far as law is concerned.
What will happen if you don't take summons?
Many men who get a summons from court for the first time in CrPC 125 or DV case return the summons thinking that it will be taken as not delivered. Sometimes, they are at work when the summons server comes, and it is either returned back or even taken by a family member. Is it considered served or not? The CrPC has well-defined procedures laid out to take care of such situations. One should not jump to some conclusion about whether summons has been received or not, without reading the relevant provisions below.
Section 64 of CrPC lays down the procedure when the person for whom summons is intended cannot be found.
So delivering summons to an adult family member is same as delivering to you.
Summons delivery if you are not found at the address
Section 65 of CrPC lays down this procedure.
Now the first part of Section 65 says that duplicate copy of summons can be pasted at maybe outside wall or door of your home if you are not found. The second part says that court may declare summons to be duly served or order fresh service of summons, after making inquiries which are left to discretion of the court. To be on the safe side, one should not assume that court will order for fresh delivery of the summons. There is a danger that an interim maintenance order may be made against you ex-parte if you keep hoping that summons will be sent again to you!