Dowry taken and further demand from step mother and father in law (psu employee)
ashok k rao
(Querist) 09 May 2014
This query is : Resolved
Sirs,
My daughter's father in law who is a Central Government factory employee in Bangalore along with his second wife, has already taken money from me and now demanding further money to allow my daughter and his son to continue to stay in the ground floor of the house owned by him. I want to send a complaint to his company that he is torturing his daughter in law for money. Since this is a central government owned organisation, will they take any action against him?
regards,
adv. rajeev ( rajoo )
(Expert) 09 May 2014
Let your daughter file a complaint before the concerned police station u/s 498A of IPC
ashok k rao
(Querist) 09 May 2014
Sir,
498A has already been filed. Kindly advise if we can send a complaint to the PSU Company also where the FIL is working.
Devajyoti Barman
(Expert) 10 May 2014
why do you want to send complaint to PSU?
Police is expected to act on your complaint, not the PSU.
Dr J C Vashista
(Expert) 10 May 2014
Yes, if you have sufficient evidence to prove his demand for dowery.
Be prepared for the consequences if you fail to prove.
Sankaranarayanan
(Expert) 10 May 2014
File the complaint already. Wait for some time. It is between family issues. You can't mingle with employment
Sankaranarayanan
(Expert) 10 May 2014
File the complaint already. Wait for some time. It is between family issues. You can't mingle with employment. If the allegation confirmed by court then the deparment may take deparmental action on him
Sankaranarayanan
(Expert) 10 May 2014
File the complaint already. Wait for some time. It is between family issues. You can't mingle with employment. If the allegation confirmed by court then the deparment may take deparmental action on him
Rajendra K Goyal
(Expert) 10 May 2014
If the police on the basis of complaint arrest and keep in lock up (or custody police or judicial) for specified period he can be suspended from the services.
Generally departments avoid to interfere in such cases on direct complaint.
T. Kalaiselvan, Advocate
(Expert) 10 May 2014
There is a provision in law to deal with the dowry harassment cases, since you have already sought the help of law enforcing authority, why dont you wait and watch the development, if the police are not effective and are letting them off, you may file a private complaint before the MM court Bangalore seeking to redress your grievance. The PSU or the factory management will not be an effective platform on such matrimonial disputes. It will be a mere waste of time.
ashok k rao
(Querist) 11 May 2014
Sirs (Mr T K and ors also-thanks for guidance), This is a typical case of step mother playing tricks to separate father and son/DIL and watch the game. I have sincerely gave everything committed to my daughter (car, flat, jewellery etc). Just because we refused to hold big crowded reception for BEML EMPLOYEES to lift the image of this FIL, she is angry on us and taking revenge to throw children out. I am well to do, a senior banker and good family. Comlaining to his employer, apply for cancellation of bail and so on so forth is only to teach them a lesson. step mother is also not returning the jewellery taken on the day of wedding before children moved to hotel on honeymoon package. Luckily the boy is with the girl having suffered under step mother last 8 years. The in laws have gone to the extent of filing a false police complaint against children just married 4 months ago and luckily the police understood and it bounced on them. They kept quiet for 3 months and lodged another false complaint and this time fully prepared, pocketed police, used influence etc. Again 323 and 324 fell on us, but 354 and etc on them. I am worried about other helpless parents of girl who are getting victimised like this from this kind of boy's parents in the world (India). I have genuine issues against this step mother and FIL. Can i keep quiet? Even the grand parents of the boy (of deceased mother) are telling they should not be spared. I was agreable for meeting them 3 times whenever the in laws proposed and everytime they escaped and fooled us. Children are with me now and the ground floor of the house is in our possession.
ashok k rao
(Querist) 11 May 2014
On the day of filing FIR, the father in law was arguing with sub inspector that he had arranged for a phone call from an ACP in Bangalore and spent money and why should he be FIRd (Maine ACPse phone karwaya, itna paise kharch kiya, kya faida huwa, mere ko aap FIR laga rahe ho -in kannada). Can i also refer this episode to Com of Police?
ajay sethi
(Expert) 11 May 2014
your daughter can in addition file complaint under DV act against her mother in law and father law and seek protection order .
ashok k rao
(Querist) 13 May 2014
Sirs,
I applied for quashing of FIR to High Court. i have been granted stay on all further proceedings and case posted to next month (June). Copy sent to concerned PS, LOWER COURT and R2 and R3). What is next? will it be quashed in the next date since it is only 323, 324 (family quarrel). Is it the next step for quash and what is the percentage of quashing chances? (sorry to ask this i am anxious). Out of 100 (quashing rate) with this Stay Order, how much i have succeeded sirs?
ashok k rao
(Querist) 13 July 2014
Dear Experts,
The matter is in court with FIRs. My daughter and son in law are staying with me. Now the father in law of my daughter has sent her a facebook invite and when opened his profile contains all filthy photographs of the girls and also a statement that "(name of Father in law)"......likes all girls etc.
Can he send anything like to this to my daughter? Few days before he called parents of his deceased wife (who are officially now our witnesses) asking/commanding them to come to his house for a discussion.
Please advise whether my daughter can file an application with com of police or to court against him?
V R SHROFF
(Expert) 13 July 2014
DV
cyber crime ; as on face bk
AS NEW DEVELOPMENT, UR D CAN COMPLAINT TO COP AGAIN.
Sudhir Kumar, Advocate
(Expert) 08 October 2014
There are some views from very learned experts whom do regard well and will continue to regard. I generally have to pleasure to agree with them but by virtue of my experience of HR matters in Govt organisation, I have no option but (in the interest of author) to disagree
Sudhir Kumar, Advocate
(Expert) 08 October 2014
“why do you want to send complaint to PSU?
Police is expected to act on your complaint, not the PSU.”
IT IS JOPB OF POLICE TO REPORT ARREST AND BAIL TO THE EMPLOYER OF GOVT SERVANT AT TIMES THEY OMIT. THE EMPLOYEE LAOS HAS AN OBLIGATION TO REPORT ARREST AND DETENTION [ABOVE 48 HOURS] TO P[OLICE FAILING WHICH HE IS LIABLE FOR DISCIPLINARY ACTION. THE EMPLOYEES VOID THIS ACTION TO AVOID DEEMED SUSPENSION CONSEQUENCES AND QHEN ARREST/BAIL IS REPORTED FROM OTHER SOURCE THEY ACE DEPARTMENTAL ACTION ON THIS ISSUE OTHER THAN THE ISSUE FOR WHICH ARRESTED.
SO PSU MUST BE INFORMED BY YOU
Sudhir Kumar, Advocate
(Expert) 08 October 2014
“It is between family issues. You can't mingle with employment”
“If the allegation confirmed by court then the department may take departmental action on him”
WHEN THE MATTER HAS COME TO THANA, THERE IS AREEST, THERE IS BAIL, IT IS NO MORE A FAMILY ISSUE.
OTHER THAN BEING A CRIMINAL ACTION IS ALSO A PROFESSIONAL MISCONDUCT UNDER CCS(CONDUCT) RULES WHICH ARE FOLLOWED OR COPIED BY THE PSU IN FORM OF CDA RULES.
WHEN A CRIMINAL ACT IS ALSO A PROFESSIONAL MISCONDUCT THEN THE DEPARTMENT IS NOT BOUND TO WAIT FOR THE VERDICT OF THE COURT AND PROCEED DEPARTMENTALLY AGAINST HIM AS PER THE STATUTORY PROCEDURE PRESCRIBED FOR SUCH PROCEEDINGS.
IF HE HAS BEEN ABLE TO HIDE ARREST FROM THE DEPARTMENT HE MAY EVEN BE ABLE TO HIDE CONVICTION AND BEFORE CONVICTION SEEK VOLUNTARY RETIREMENT AND GET AWAY WITH TERMINAL DUES
FURTHER WHEN HE IS CONVICTED THEN NO DEPARTMENTAL ACTION IS REQUIRED. SIMPLY ONE SCN IS SERVED IN JAIL HIS REPLY IS CONSIDERED AND BASED ON THE SAME HE CAN (99% CASE HE IS) DISMISSED FROM SERVICE.
SO PSU MUST BE INFORMED BY YOU
Sudhir Kumar, Advocate
(Expert) 08 October 2014
“If the police on the basis of complaint arrest and keep in lock up (or custody police or judicial) for specified period he can be suspended from the services.
Generally departments avoid to interfere in such cases on direct complaint”
WHEN DEPARTMENT IS INFORMED ABOUT THE CUSTODY BEYOND 48 HOURS THEY HAVE NO CHOICE BUT TO TREAT HIM AS DEEMED SUSPENDED AND HE CAN RESUME DUTY AND DRAW FULL SALARY IF THE DEPARTMENT DECIDES TO REVOKE THE SUSPENSION WHICH THEY CAN VERY WELL DO.
IN CASE HE HAS (after ensuring the police omits to inform the employer) OMITTED TO INFORM THE DEPARTMENT OF THE CUSTODY 48 HOURS AND DID NTO SEEK REVOCATION OF SUSPENSION THEN THE SALARY DRAWN BY HIM IS ILLEGAL.
HE IS ALSO GUILTY OF DEPARTMENTAL MISCONDUCT OF NOT INFORMING ARREST AND BAIL.
SO PSU MUST BE INFORMED BY YOU
Sudhir Kumar, Advocate
(Expert) 08 October 2014
“The PSU or the factory management will not be an effective platform on such matrimonial disputes. It will be a mere waste of time.”
WHEN AN ACTION OF GOVT SERVSANT AMOUNTS TO VIOLATION OF SERVICE CONDITION THEN IT NO MORE REMAINS A PRIVATE ISSUE.
SO FOR THE PSU IT IS NOT A MATRIMONIAL ISSUE BUT A MERE DEPARTMENTAL ISSUE. THEY HAVE NO JURISDICTION TO SOLVE OR MEDIATE MATRIMONIAL DISPUTE BUT HAVE JURISDICTION TO TAKE ACTION AGAINST THEIR EMPLOYEE.
SO PSU MUST BE INFORMED BY YOU
