Next year and a quarter was spent in the family court, trying to serve the process on the complainant wife. Eventually this was done, a counsel came on record, but no statement of objections was filed. At this juncture, one fine day, the learned Judge noted that the petitioner was not appearing before the court and directed that by next date, if the petitioner did not appear before the court, the divorce petition would be dismissed. It is under this circumstance that the accused husband visited India with fifteen days leave, solely for the purpose of participating in the proceeding. He had been assured by the CL that he would see to it that his evidence and cross examination were completed before this period. However, fate and the complainant wife willed otherwise. By the 9th day of his arrival, a false case of harassment for dowry was foisted not only on the husband but also on the parents-in-law. Rest of the story is already known to the readers.
String of adjournments leading to Mediation Centre
The Monday after the release of the accused-husband on bail, the matter came up for hearing. Prior to the false complaint, on two dates, the matter had come up before the Family Court. The complainant wife had skillfully avoided appearing before the court. On this Monday, in the forenoon, the complainant wife along with string of relatives and a clutch of OLs appeared in the court. However, as coincidence would have it, the regular judge was not available. Hence, the matter would be taken up by the in-charge judge in the afternoon, by 3.00 pm. When the accused-husband was ready before the court, the wife had, thorough her OL send a medical certificate, pleading sickness! Thus, the matter got adjourned to the Wednesday. This became a highly worrisome matter for the husband, who had been left with only another four days of leave to return to England.
It must be mentioned here that during the whole period between the date of arrest and this proceeding before the family court, the CL was inaccessible over mobile phone. However, his junior could reach him without fail. He skillfully kept himself out of our way. Even the issue of grant of bail had to be communicated to him after persistent effort. Between Monday and this Wednesday, all of us felt so depressed and desperate that we even considered changing the counsel. But, we could not think of another counsel who too would not play this hide and seek with the client. On this Wednesday morning, I accompanied the accused husband. In an angry mood, I had drafted a detailed affidavit, narrating the happenings of last four days, mainly pointing out that by trying to force a settlement through the police station, the complainant had interfered with the administration of justice, which was an act of contempt of court. This was sworn before notary and kept ready for filing before the Family Court if need arose. However, as we were waiting for the court to start, first we learnt that the judge was not available, and the matters would come up before the in-charge judge who sat in the next court hall.
In order to ensure that the OL did not take another date from the Bench Clerk, I tipped him before hand and told him that the matter should not be adjourned but be placed before the judge. Having taken money, he did this. In the meantime, the OL approached me and asked what did we intend to do. He was the husband of the plump woman lawyer who did the extortionist talk in the police station. In the course of talk he as much as admitted that in most of these divorce cases, the fault lie with the girls, and hastily added that his comment was not on this particular case! In lighter mood, I told him to say this in the witness box! OL also blurted out that in some cases, he had settled the permanent alimony for as low as Rs.6.75 lakhs, and in another case, for Rs.10 lakhs, but in this case, the complainant wife was demanding far higher sum. However, as the events turned out, the CL and I did not capitalize on this piece of information.
At this stage, CL called and wanted to know what was happening. I told him that he must come to court and try to settle the dispute, as time available to the accused husband was not sufficient to protract the litigation. With considerable reluctance, he agreed, only after talking to the OL who was also willing to discuss. Some twenty minutes later, CL reached the family court. He asked accused husband, in case settlement were possible, what was the maximum sum of permanent alimony he could afford to pay. The husband candidly told him that he could afford to pay Rs.15 lakhs. This turned out to be a mistake.
When the matter was eventually called by the in-charge judge, both the accused husband and complainant wife were present in the court. Their counsels told that the parties wanted to settle the matter by mediation. Hence, the court directed the matter to be listed for mediation on the next Monday, to be reported to the court, latest after another 45 days.
CL told us that even for mediation, it was necessary for the parties to agree on a sum of permanent alimony. The mediators would provide legal frame work for settlement, but would not be in a position to impose any particular figure as permanent alimony on the parties. Therefore, if all of us discussed and agreed on a sum, it was possible for the mediation to be concluded on the very first day. This seemed like quite an optimistic situation.
We, i.e., OL, CL and I along with OL’s wife, found a quite corner in the mediation centre waiting room and discussed how best the matter could be settled. The OL’s wife shocked us by stating that the complainant wife wanted Rs.50 lakhs as permanent alimony and she would not accept even 5 paise less! Apparently, she wanted to solve the all her and her family's money problems for the rest of the life. Even without giving the marital bliss and pleasure, she wanted to collect whatever money a husband would have spent for the wife during the normal life expectancy.
For all his reluctance to come to the court, the CL spoke quite skillfully, but for the mistake of straight away offering Rs.15 lakhs as permanent alimony. I thought that he ought to have started with 9 lakhs or 10 lakhs and yielded little by little to lead up to 15 lakh rupees. But, the arrow had been short and could not be retracted now. CL told the OL “It is not that we are unwilling to pay more. It is simply that your kind of demand is beyond the means available to the husband.”. OL’s wife said, “We know what kind of salary these engineers receive abroad. We believe that he is worth 5 to 6 crore rupees. Therefore our demand is reasonable!” Apparently, she had not heard of depression, job losses, and economic downturns. She seemed to think that the world was still on a merrigoround of booming economy.
CL explained to her the impossibility of saving that kind of money within about two years that the husband had spent abroad. The accused husband had prepared a statement of affairs showing total receipts during the two years, his expenses, his savings, investments, and sums paid to and spent for the complainant wife. CL pointed out that even to offer Rs.15 lakhs, the husband would have to borrow another Rs.4 lakhs.
The OL’s wife went way to confer with the complainant wife and her mother. She returned few minutes later and said that the wife was willing to accept Rs.35 lakhs, and not a rupee less! Of course, paying such ransom was out of question for the reason that the husband simply did not have the means to pay. He also did not have any immovable or movable property in his name. Even the house was in his mother’s name. These facts of life were placed before the OL. Thus, more or less, the talk broke down. As we were walking out of the court complex, the OL approached with a last demand of Rs.30 lakhs. Since even this was unaffordable, we at least agreed that we should not shut out the matter and keep our options till the day of mediation, which was next Monday. On that note, we parted company.
Nuisance of weekly attendance at police station
The bail order of the court required the accused husband to appear before the police inspector and sign attendance every Sunday. CRL told us to purchase a 200 page note book and accompany him on the first Sunday to meet the ACP, which the accused husband did dutifully. By fortuitous coincidence, the ACP was not available. Therefore, both of them met the inspector. The book was given to the police inspector writing down the case number, name of the accused, and date of bail order. Thus, the accused had to purchase his own attendance book. The police department, enjoined with the duty of keeping attendance could not afford to maintain a register in a police station!
The consequence of failure to mark attendance was that the bail order would be cancelled, and the accused sent back to prison and JC. That was a prospect none of us could even dream of facing. Therefore, throughout the period, the accused husband diligently went to the police station every Sunday and marked attendance.
Accused husband’s efforts to save his job
Now, it was clear that there was no way the accused husband could return to his job. With a criminal case hanging over his head like a democlean sword, requiring his presence in the city indefinitely, the option of returning to England was absent, unless he jumped the bail like a fugitive. Such option was not worth considering. I thought that he could go to England and wind up his affairs and return to fight this matter out. Even to do this, the weekly attendance at the police station came in the way. He could not have travelled to England and returned to India within a span of six days between two Sundays, after concluding his affairs at England.
I spoke to CRL and explained the problem. I asked him to file an application before the magistrate praying for modification of the condition of weekly attendance. Alternatively, dispense with this condition for one week, so that the accused husband could stay in England for two weeks and conclude his affairs, bring back his savings.
CRL’s suggestion was incredibly dumb to say the least. He said, “I will take you to the ACP. He will adjust. He will allow the accused to mark attendance for next couple of weeks. During that period, your man can travel and return”. I told him, “look, the passport will have exit and entry date stamps. If he marks attendance for a date on which he is out of the country as per his own passport, he would be caught like a sitting duck!” The CRL’s reply was “who is going to check that? If you want your man to go abroad, you have to take risk!” According to him before efflux of at least four weeks, the court will not consider modification of bail conditions. Period. So much for the wisdom and smartness of a criminal side lawyer who has to defend his client. Exposing him to bigger risks, and ensuring that the case perpetuated for himself.
However, the accused husband was made of stronger stuff. He did not consider the option of losing the job at all. Instead, he wrote to his employer placing all the cards on the table. He explained by e-mail that he had been trapped in a criminal case based on false complaint. He stated that he reasonably expected that further four week’s time would be sufficient for him to conclude both the matrimonial and criminal case and return to this job. He had about three week’s leave to his credit. The fourth week would have been leave without pay.
The firm he worked for was gracious enough to appreciate the tough predicament faced by their employee. Tentatively, they approved his leave absence, subject to final approval by the managing partner. Thus, the problem of saving the job had been postponed by four weeks. He could concentrate on the cases on hand to liberate himself. Within next few days, his leave of absence was confirmed. That worry was out of the way. He could now concentrate on extricating himself from the civil liability and the criminal proceeding.
Please note: One should read complete Part I till VI to understand the ground zero gravity of such criminal proceedings. Hence the necessasity of reproducing I to VI part series giving complete insight of Nobel and Learned Professionals and are anti – thesis of following Three Parts
