Advocate Vivek Nasa

Questions Answered by Advocate Vivek Nasa

Q: Can someone else produce evidence on behalf of PW in court

I am currently marked as PW in one court case and court has sent summon to provide the evidence. Since I am out of country I can't attend, what options i have ? Can my family member or friend attend on my behalf and submit the evidence in court ? What additional document like Wakaltnama or other i can get executed outside India, If i need to appoint my family or friend to appear on my behalf in court ? The case is about Builder Society where the builder has done cheating and he is out on bail on charges of 406, 420, 457, 468, 471.

Advocate Vivek Nasa answered
You are marked PW in personal capacity and you may need to appear before the court in person to tender evidence, and then possibly face cross examination. Your relatives, friends are not permitted to tender evidence on your behalf, since its a criminal case. So you will need to appear before the court. TIll the time you are out of country, you may seek exemption from personal appearance, and seek adjournment of the case, through your lawyer.

Q: Procedure to reinstate bail bond in Gurgaon

A friend of mine could not be present in court on one of her dates as the lawyer forgot to file a written exemption...so a NBW has been issued and order read she should be arrested and brought before court.I have 2 questions why was no bailable warrant issued first and secondly can the same surety be used again.with the same bond given earlier.

Advocate Vivek Nasa answered
There is no requirement of bailable warrant, since your friend has effectively jumped the bail, on account of non appearance, and the lawyer not filing an application for exemption. Under the present circumstances, your friend can surrender before the court, and seek fresh bail by furnishing fresh bail bonds. Same surety can't stand as surety to give bail. The surety amount given earlier stands forfeited to state of haryana. Usually none cares to recover the said amount from the surety.

Q: Father of accused threatening to kill my brother for filing an FIR

my brother has filed an FIR against three people who attacked him at his shop and now father of the accused threatened to kill my brother

Advocate Vivek Nasa answered
IN this case, your brother must approach the local police, / Higher police officials for seeking protection and registration of FIR against the father of accused. In the event Police doesn't help, you may approach the Area Magistrate for orders directing police protection. Courts and police are obligated to give appropriate protection to the witnesses and the complainant.

Q: Husband not accepting the responsibilities of his wife and child

I belong to a Hindu community. 3 years back I got married and got baby after 1 year of my marriage which was unplanned after which my husband started ignoring me and till now he doesn't accept his responsibilities and also my in-laws support him for his wrong decisions and always ask me to live with him or rather go away to your house.please tell what to do in this. I am very much stressed and can't handle my baby alone.

Advocate Vivek Nasa answered
You have a peculiar issue which most women in this country face. You may have many remedies under the law, like filing complaint under domestic violence act, seek maintenance and file police complaint in case there is physical abuse and demand for dowry. you may need good lawyer to guide you properly. you may contact me with more specific details of your case, detailing the remedies you are looking for.

Q: How to get a case filed by wife for alimony transferred to hometown

I m working in a foreign country, my wife stays in India with her sister and my child. She always fight with me and we are seperated more than a year. She is earning 47 thousand and her sister 30 thousand per month. She filed a case against me to give 1 lakhs per month and my mother died in March due to the tension is given by her, my father is very ill. She filed the case in the city she lives in. Please suggest how to get the case transferred to my hometown.

Advocate Vivek Nasa answered
In order to transfer the cases in your hometown, you need to approach Hon'ble Supreme Court of India with transfer application in the event the case needs to be transferred from one state to another. IN the event the case needs to be transferred from one district to another, but within one state, then you need to approach high court of the concerned state, which has jurisdiction over the said districts. IN the event you require more specific answer you may contact me with more details of your case.