Advocate Ruchaben Ajmalbhai Gami

Questions Answered by Advocate Ruchaben Ajmalbhai Gami

Q: Complainer not appearing in the court

Hello..i have been charged. . case is running from 2008. Everyone month or alternate month court given date to appear. I appear on every date in court. But conplainer never appear in court till date even after summons.. So what we can do? Can we appeal to dismiss case?

Advocate Ruchaben Ajmalbhai Gami answered
If the complainant has not been appearing before the Court since 2008, then you can produce pursis stating and appealing that the complainant is not willing to pursue the matter and this can be put to an end and pursuant to your pursis, the court may dismiss the case.

Q: Husband has left India and hiding himself to avoid divorce

My cousin's husband (both Hindus) left for Canada a few weeks after their marriage in 2011. They were in contact through email and phone. But after a few weeks, my cousin moved to her parents' house because she knew that he would never return to India. In 2016, she filed a case against him. Alimony of 7000rs was fixed by the court. But she has not got a single paisa till date because the court says that they cannot recover this amount as he is not in India.The man is intentionally not giving his Canadian address to my cousin. But every now and then he keeps sending her vulgar and disrurbing whatsapp messages. Even he calls her occassionally and uses vulgar and abusive languages. nThe court has been informed about all this, but they say nothing can be done because he is abroad and she does not have his address.She is so frustrated and depressed, as that man is neither willing to pay allimony nor willing to give divorce.Kindly guide. Your help will be appreciated.

Advocate Ruchaben Ajmalbhai Gami answered
Answer to your query about recovering the amount of alimony(maintenance)- If the Court has directed your husband to pay alimony and if he is not paying that amount, then you may file contempt proceedings before the Hon'ble High Court for not obeying the court's order. Then the Hon'ble High Court will pass necessary orders for recovering the said amount in contempt proceedings. Kindly, find out his address of India and Canada, if possible so that notice can be served easily. Otherwise, High Court may also grant permission to serve the notice through e-mail.And if you want to obtain divorce from your husband, then kindly file divorce petition before the Family Court of your jurisdiction.

Q: Need help regarding my old court case. What procedure can I do?

I was charged with IPC 114, 272, 273 and was summoned to appear before magistrate. My lawyer had asked me to accept guilt when appearing before magistrate and then pay penalty. As instructed, I accepted my guilt before magistrate and paid penalties. My lawyer told me that the case is now closed. nnBut I have not received any kind of documentation stating that the case is closed nor any penalty payment receipt. When I am checking the status of my case on e Court website it is showing 'Process to accused'nnWhat shall I do now?

Advocate Ruchaben Ajmalbhai Gami answered
You can ask your advocate to share a copy of the final order of your case. Either you may kindly share your case number here, so that the status of your case can be checked. Even if you do not receive requisite information, then kindly visit respective Court and seek information from the registry branch.