mithi (ps) 03 January 2017
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 03 January 2017
Actually chalaans for traffic offenses have to be paid by the driver of the vehicle and not the owner. But often who was the driver would not be known and the traffic department will ask the owner for the name of the driver. If the owner does not reply or co-operate he or she will have to pay. You appear before the court and present your case. You can tell the court that your husband was liable. The court will call the driver and witnesses, if any, named by the parties and decide.
mithi (ps) 03 January 2017
thank you very much sir.Luckily, the offense was made at the same day when I was filing the complaint against him in woman cell.so, at that time I was present in woman cell & he or his family member was driving.
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 03 January 2017
In this case if you were the registered owner of the vehicle or even it was in the process of transfer but not actually transferred, alibi will not help. It is more important that you prove that who was actually driving the car than that you were not driving the car. In these small cases judges do not go about collecting evidence. They accept the statement of the police and finish off the case.
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 05 January 2017
As you had not paid the challan you have received the warrant. The magistrate may increase the penalty due to default on your fault. Hence at the hearing you may explain all that you have stated above including the alibi. But you may also say that you are prepared to close the matter by paying the amount and concentrate on your other cases against your husband.
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 08 January 2017
Have you already filed your FIR? Is it also under 498A? Are you now staying away from your marital home? Have the police taken action on your FIR? You cite the warrant received by you also as another instance of harassment.
mithi (ps) 11 January 2017
Hi sir, Yes I'm staying away from m y marital home & It is under 498 A & DV act. The FIR is in the process from last two months but not finalized yet by CAW cell.I went to the court & settled the challan for RS100/- as judge understood the condition & gave me the advice to file another complaint against him.