Advocate Joyraj Borah

Questions Answered by Advocate Joyraj Borah

Q: Husband and MIL skipping court hearing in case of domestic violence

Husband and MIL under bail for 498a and 307. Now dv has been filed against them but they are not appearing in d court whereas i have been attending all the dates without fault. My question is how long can they skip from attending the trial?? will warrant be issued against them if they continue to skip?? Pls guide me

Advocate Joyraj Borah answered
Domestic Violence cases are quasi criminal. Meaning it is civil of nature. Parties may not appear in the court. If you have obtained an interim protection order and they have violated that then other separate case has to be lodged under 31 of the act. This separate case will be criminal in nature. The punishment is one year. Moreover attendance of parties is not much of importance the outcome of the case is. If due to their non appearance the case is pending then you can ask the court to issue warrants against them.

Q: Law against having premarital sex

my brother was having sex with his girlfriend at her house. The nearby people came to know about him and hand him over to the police. I want to know how the court will react to this?

Advocate Joyraj Borah answered
Whatever your bother did was in private. The neighbours do not have a right to enter upon some one else's property and hand him over to the police. Your brother will be in trouble if the sex was not consensual or if the girl was below the age of 18 years.

Q: Threat of FIR due to reporting of extramarital affair to the relatives

DEAR, A MARRIED WOMAN BUILT UP RELATION WITH AN UNMARRIED MAN. THEY HANGOUT TOGETHER FOR LONG TIME, WHEN I SAW THIS MATTER, I REPORT IT TO HER RELATIVE. DUE TO THIS REASON, MARRIED WOMEN ARGUED WITH HER RELATIVE. AFTER THAT MARRIED WOMEN TRIED CALLING ME TWO TIMES, BUT I DID NOT PICK HER PHONE CALL, THEN SHE SENT ME TEXT MESSAGE AND CONSECUTIVELY WARNED ME. I ALSO REPLIED TO HER MESSAGE HUMBLY AND TRIED TO SOLVE THAT MATTER, BUT SHE DID NOT TRY TO UNDERSTAND AND WARNED ME TO FIR AGAINST ME. ACTUALLY I AM A GOVT EMPLOYEE AND I FEAR FOR MY JOB. WHAT CAN I DO RIGHT NOW? PLEASE SUGGEST ME. AND ALSO WANT TO KNOW IS IT MAJOR CASE?

Advocate Joyraj Borah answered
Dear Sir,Have gone though your query. You as a good samaritan tried to bring to the notice of the family regarding the unchaste character of the woman concerned. She can very well file false cases you to harass you, so concentrate in your own work. Please stop responding to her calls and messages as well. But do not delete the messages sent by her as they will be evidence in you're favour.

Q: What will be the punishment for fraud for getting government job

Dear Mem I want to know something that A person Mr X is using another person Mr Y certificate in government job at that time Mr Y doesn't have a job after some years Mr Y also got a government job what punishment is given to both of him.

Advocate Joyraj Borah answered
Yes it shall tantamount to committing cheating on the government. You can lodge an FIR. It has been held by the Supreme Court that locus standi is not applicable to criminal law anyone one can set the criminal law in motion...

Q: Clarification on case against minor boy for assault

Does he will get punished by court.he is a minor,age is 17.He punch me in my head with knuckle wearing in his hand.i has got 8-10 stiches in my head.and for self defence i also punch him with my hand.so now what action will be taken against him.

Advocate Joyraj Borah answered
File a case against him in the concerned police station. They will register a case against him, get you examined by the doctor. Thereafter if the police thinks that the offences are non bailable they will arrest him and forward him to the Juviline board and if the offences are bailable they will release him on a bond. But from you're narration it seems that the offences are non bailable...