Information to my wife's employer about criminal cases against her
498A-filed
(Querist) 29 September 2014
This query is : Resolved
Dear Experts,
Arrest warrants have been issued for my wife in one of the non bailable cases as she has failed to appear despite being summoned by court.
She works in a bank branch.I am contemplating an idea to send a legal notice to her branch manager stating the facts about the criminal cases against her and that a warrant is pending against her. I will request her branch manager to inform the police about her presence in the branch and act like a responsible citizen. I will attach the copy of cognizance order and the arrest warrant order, which is a result of her criminal misdeeds.
My move is to build pressure on her to face the trial.
Please guide me if this move can have any adverse legal consequences apart from my maintenance cost if she loses her job.
Isaac Gabriel
(Expert) 30 September 2014
Let the law take its own course.Over enthusiasm may bring adverse effects.
Anirudh
(Expert) 30 September 2014
The bank need not act on the basis of your legal notice.
The police know where she is working. If that is the address that you have given in your case, then the police will go and arrest her there. Police have no business to arrest her at any other place other than the address given in the petition.
498A-filed
(Querist) 30 September 2014
Yes Sudhir Sir, the address given is of her bank branch.
No law stops the police officer who is responsible for the execution of arrest warrant to arrest her from anywhere within the local limits of his police station.
He can even chase the accuse and catch him/her and produce him/her before the concerned court.
This is my understanding and I read it somewhere but cannot recall where.
I want to send the legal notice to put additional pressure on her to face the trial.
Kindly advice me if there is any risk in terms of attracting additional lawsuit from my wife.
498A-filed
(Querist) 30 September 2014
No Sudhir Sir, it is a private sector bank.
498A-filed
(Querist) 30 September 2014
When girls files cases, they do not allow the law to take its own course, but they do press conferences, they shout at police stations, they write letters to employers requesting them to throw their husbands out of job. After filing criminal cases, taking their husband's job, doing their character assassination, they file for maintenance to help their fathers and brothers.
We guys are advised to let the law to take its own course as if shouting thief thief after theft is a crime.
I am a victim and my posts reflect my sentiments and my pain.
dr g balakrishnan
(Expert) 30 September 2014
i appreciate.
see, who is the complainant in the matter?
if she was a complainant, if she does not attend the court, the case would be dismissed by court.
if she filed FIR then it is the police duty to take court permission called warrant without that no one can arrest.
here my be involvement of women's law too that need to be read with IPC/Cr.PC sections relevant.
things are not that simple as you want.
Branch manager may not take cognizance as your wife only can take permission to attend court.
Law is like a unruly horse, it can turn any side, so care is a must as you take on any double edged weapon!
498A-filed
(Querist) 30 September 2014
@dr g balakrishnan
Why did you even assume that the case is filed by my wife?
"Information to my wife's employer about criminal cases against her (Criminal Law)"
Did you read the subject before replying?
If you read this thread properly, there is no room for confusion that I filed case on her after she filed 498a on me. For your information the court took cognizance against her in non bailable sections including that of 420 IPC which carries a jail term of upto 7 years with or without fine.
I am the complainant in the criminal cases against my wife and she is the accused.
Its very sad to see the mindset of people that only wives can file cases on their husbands, no matter whoever be the criminal in both of them.
As soon as the wife leaves home to marry her boyfriend taking all the money and jewelry of her and also her husband, the whole family of husband becomes dowry takers and criminals. And these criminal minded girls become holy cows.
But I decided to teach my wife a lesson which she will never forget. I brought the truth in front of the court and produced evidence in support of my statements. We need to change the mindset of people who consider these frauds as their sisters and the real victims (our mothers and sisters) as criminals.
Sudhir Kumar, Advocate
(Expert) 30 September 2014
you said
{@ Mr.dr g balakrishnan
Why did you even assume that the case is filed by my wife?
"Information to my wife's employer about criminal cases against her (Criminal Law)"
Did you read the subject before replying?}
First of all you are here for free advise and be polite to the experts who are advising you sparing their own precious time, their own net connection and electricity.
Sudhir Kumar, Advocate
(Expert) 30 September 2014
your query reads that :-
{Arrest warrants have been issued for my wife in one of the non bailable cases as she has failed to appear despite being summoned by court.
She works in a bank branch.I am contemplating an idea to send a legal notice to her branch manager stating the facts about the criminal cases against her and that a warrant is pending against her. I will request her branch manager to inform the police about her presence in the branch and act like a responsible citizen. I will attach the copy of cognizance order and the arrest warrant order, which is a result of her criminal misdeeds.
My move is to build pressure on her to face the trial.
Please guide me if this move can have any adverse legal consequences apart from my maintenance cost if she loses her job. }
You never said :-
1. Who is complainant?
2. What case is filed?
3. Why case is filed?
Sudhir Kumar, Advocate
(Expert) 30 September 2014
Mr Gabriel said
"Let the law take its own course.Over enthusiasm may bring adverse effects."
in return you said
"When girls files cases, they do not allow the law to take its own course, but they do press conferences, they shout at police stations, they write letters to employers requesting them to throw their husbands out of job."
But even if wife files case the law takes its course and husband following the said course is either convicted or acquitted.
Sudhir Kumar, Advocate
(Expert) 30 September 2014
You can carry on with your plan if you feel that the experts above are not wise enough to guide you.
But without prejudice to your remarks.
If you feel that police is not able to enforce warrant then you can :-
(i) file application for proclamation and attachment in the court which issued warrant. Even a rural rustic knows it is called byasi/terasi [82/83 of CrPC].
(ii) File Writ Mandamus in High Court against the Police calling upon them to perform their public duty.
Sudhir Kumar, Advocate
(Expert) 30 September 2014
The above views are expressed purely on the basis of facts given in this thread without reference to the multiple threads you have.
Good luck.
498A-filed
(Querist) 30 September 2014
"I am contemplating an idea to send a legal notice to her branch manager stating the facts about the criminal cases against her and that a warrant is pending against her."
I have clearly stated that the criminal case is against her. So there is no confusion on that. And everyone knows that women misuse women protection laws to run away for their boyfriends and then they file criminal cases of dowry harassment and for misappropriation of streedhan after running away with money of her husband and jewelry gifted by their in laws.
But in my case, I decided to file criminal cases against my wife.
But I see that there is a mindset prevailing in the society that only husbands are criminal and wives are born raja harishandra and criminal cases cannot be filed against them.
In my case I filed two non bailable criminal cases against my wife and the court after considering the documentary evidence and the witness statements found that there is enough prima facie evidence to take cognizance under non bailable sections including 420 IPC. I did not hide the fact that she has already registered a dowry case against me after many many years of peaceful marriage.
In one of the cases I was grilled for about 40 min by the hon magistrate. I stuck with the truth and finally I was able to convince him that my wife is a fraud. There was complete silence in the courtroom and the peshkar came out and shook my hand and I knew that I have done it.
Now she is hiding like a thief but I will not let her get away. I will contest the case till she is convicted of her crime. It is a warrant case and hence no matter how fast I move, it will take at least a couple of years to get her convicted.
I got the arrest warrant issued in 3 and half months after filing the private complaint case. And I will leave no stone unturned to move as fast as possible but I will not leave any space for her to escape the law
498A-filed
(Querist) 30 September 2014
Sudhir sir, I agree with you that everyone should be polite. Here we get free advice, but even if we are paying to our lawyer, then also we should be most polite.
Sometimes sentiments take over me and I never ever intend to insult anyone
498A-filed
(Querist) 30 September 2014
I have no complains with the police. The warrant has reached the SP office and has been forwarded the same day to another office, but has not reached her local PS. PS guys has assured me that they will execute the warrant within hours of receiving it.
Sudhir Kumar, Advocate
(Expert) 30 September 2014
You have only now stated that the case is filed by you. earlier you only disclosed identity of accused not of the complainant.
Sudhir Kumar, Advocate
(Expert) 30 September 2014
It is only now you have narrated that Police is on their job anxiety of you disclosed as if the warrant is old and not acted by the police leading to your impatience.
Sudhir Kumar, Advocate
(Expert) 30 September 2014
You have narrated that you have been able to convince the Court that there is a prima-facie case under relevant section.
Sudhir Kumar, Advocate
(Expert) 30 September 2014
The court has been kind enough to issue process.
But the said process is that of law and it has to take its own course as advised by Mr Gabriel.
Without law taking its own course you would not have been able to get arrest warrant nor will be able to it executed.
dr g balakrishnan
(Expert) 30 September 2014
sudhirji thanks.
it appears the author has such a hatred on his own wife is apparent on record.
All swamijis say right from Buddha or Lord Krishna..'love all hate none even one harmed you; but here !
Let him do whatever he wants. His own hatred is apparent for his wife to hate him mutually, and why will she oblige him .
God is always observing one from no where.. who believes quality of mercy is vital in life so jesus gave it in as a commandment in his ten commandments.
Love cures all evils.
sir, i had a client who hated his father so much that he wanted me to send him to prison just because he did not partition his possessions for him, i thought no point helping him as he is the most thankless son though he is an software engineer earning about a lac a month in mumbai!
always as advocates it is our duty to help a meaningful humans that is our brief of ethics!
thanks sir for so many posts u made on that wise man's stinging comment on me. tks agn
498A-filed
(Querist) 01 October 2014
Sudhir Sir it is not possible to disclose everything while raising a query. I thought I had provided sufficient information which will enable the experts to answer my query and the experts are always welcome to ask for further inputs from any author. Like you asked me whether she works with a public sector bank and I replied to you.
My wife ran away from home with all my business cash, all our house hold jewelery. She filed false cases on not only me but my parents who live in a different city and never ever lived with us. She also filed case on my married sister who got married 8 yrs before our marriage.
And it has not only happened to me it is happening everywhere with so many people.
I waited for 6 months and wanted to sit and talk with her but she kept on filing false criminal cases to extort divorce.
It is my duty to save innocent families from the greed and criminal intention of people. I hope god will save people from a biased person like dr g balakrishnan.
dr g balakrishnan you are a lawyer, & your job is to represent your client without any prejudice against him. I request you to understand your client before making up your mind about them.
I think it is not appropriate/fair to compare my war for the truth to a son who fights with his father for property.
498A-filed
(Querist) 01 October 2014
"It is only now you have narrated that Police is on their job anxiety of you disclosed as if the warrant is old and not acted by the police leading to your impatience"
I never blamed the police, but my wife, for not appearing even after being summoned by the court.
I have reason for being impatient. My daughter is in the hands of those greedy people and I have to do everything possible to add pressure on them.
498A-filed
(Querist) 01 October 2014
"First of all you are here for free advise and be polite to the experts who are advising you sparing their own precious time, their own net connection and electricity"
I agree that we should be polite and we should respect the experts for their knowledge and for their help. But Sudhir Sir if a doctor sees a patient for free, is he allowed to prescribe wrong medicine. Free advice does not mean that one can reply without even understanding the basic facts of the case.In this case I felt that dr g balakrishnan did not even read the subject of my query.
Sudhir Sir, I will make it a point to adhere to your advice regarding being polite.
498A-filed
(Querist) 01 October 2014
"The court has been kind enough to issue process.
But the said process is that of law and it has to take its own course as advised by Mr Gabriel.
Without law taking its own course you would not have been able to get arrest warrant nor will be able to it executed."
Getting justice is not a privilege. It is my fundamental right to get justice. And somehow we are being misguided that only girls have right to justice and we are getting some privilege if we approach the court and if the court hear us & issue process.
I have immense faith in the judiciary and hence I filed cases against my wife despite adverse advice from all the lawyers & also my well wishers.
I got cognizance because I had strong documentary evidence against her. And I will also fight to get conviction against her because there are not only documentary evidence but eye witnesses and also circumstantial evidences against her and I will pursue the cases till I get justice.
It is good to allow the law to take its own course. I did not get the warrant thinking to let the law its own course but by moving the application at the right time and preparing in advance for that court date.
Lot of people due to lack of knowledge confuse a private complaint case to an FIR, where state contest the case with the accused.
I plan each and every court date in advance and my each and every move is well calculated. I take shortest dates possible and visit court everyday to have discussion with court munshis who are well versed with the procedures. I visit my lawyer at regular intervals to have fruitful discussion on the case. And I take advice from you learned people to win this battle of truth.
I owe it to my innocent parents, to my innocent baby, to my innocent sister and to the vows of my marriage.
And for that purpose I come here. To get help from experts like you, who help people selflessly.
dr g balakrishnan
(Expert) 01 October 2014
so u wait for the law to take its own course. thanks
498A-filed
(Querist) 03 October 2014
dr g balakrishan, kindly read the above posts before making any irrelevant comment. This is just a request from me.
Sudhir Kumar, Advocate
(Expert) 03 October 2014
comments of Dr Balakrishnana are not at all irrelevant as the comments of Mr Gabriel were not irrelevant. These comments are highly relevant.
Law is taking it is course other wise no court would have issued warrant.
You are yourself saying the police is on the job.
Further is this is legal forum. The experts here will not advise any action other than legal action. Since you have already taken the legal action as per "course of law" , You got the cognisance just because judge was convinced of your right stand. Do not forget that a lady despite being IAS officer, had to run from pillar to post to seek directions to judge to issue this process in eve teasing case.
You also have faith in judiciary and plan your dates well. This indicates that you believe in "course of law".
There is nothing else to suggest you.
Insulting experts for the sake of insult is not justified.
498A-filed
(Querist) 03 October 2014
Sir with all due respect to you I would like to say something. Do you really think that an expert/laywer like dr g balakrishan is not capable enough to defend himself. Let him not hide behind you and let him talk to me directly, one on one.
T. Kalaiselvan, Advocate 
(Expert) 05 October 2014
@Author: I can understand your anguish and the sufferings you experienced through your wife who meted you with all kinds of tortures and finally fled your house with good cache, fine? Now you think of sending her employer a notice intimating about the pendency of warrant against her in a criminal case against her pending in some criminal court, well nobody can stop you from doing anything, if your question about the legality on such acts (?), well, what about when it retaliates? As you said that the police is waiting for the signal from their SP office, if it is so, why don't wait for a couple of days more so that she can be officially or legally insulted and put pressure in front of all her colleagues. Why do you want to escalate problems for yourself? Think.
498A-filed
(Querist) 05 October 2014
Yes sir. It is a valid suggestion and I will wait for her to be arrested. Her district is quite large in terms of area and so recently they have created a sub division and hence the SP office sent the warrant to another office of her area. Because of durga puja which is celebrated in Bengal with much more enthusiasm, the warrant has got stuck for few days. Today also I spoke to someone in her PS and he assured me of the arrest once they receive the warrant.
Thank you for understanding me & for your kind advice.
Sudhir Kumar, Advocate
(Expert) 05 October 2014
Police is just promising that they will execute the warrant when they receive.
It means they (despite best intention) are not going to act till they receive warrant.
In such a case what can you expect from her employer who is not even a Govt body and to whom the warrant is not addressed.
498A-filed
(Querist) 05 October 2014
I was just contemplating to add some pressure on her. But after receiving genuine advice from all the experts, I feel that it is better to not invite trouble but to wait for the police to arrest her from her office.
Once she appears before the court, she will understand what a criminal case is all about.
Sudhir Kumar, Advocate
(Expert) 05 October 2014
SO you understood that experts were correct in advising you against wasting energy on futile project.
498A-filed
(Querist) 05 October 2014
Yes sir. Lawyers are learned people and they normally do not get carried away by sentiments. I always respect genuine lawyers. Even my lawyer who is looking after my cases is very competent and I respect him a lot.
