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Hb   11 April 2018

criminal case against wife

If the wife has left indian jurisdiction giving SPA to father to apply for PR in another country after filing 498 and DV what remedy does the husband have. can the husband intimate the consulate by email. should the husband file dpa3-4 criminal complaint to compel the wife to be present in court. the only charge in dowry is about a Joint FD of 5lac which according to wife is dowry but is lying in the bank untouched by the husband . on writing to the bank for TDS certificate and account details the bank has in written refused the husband to provide any details without the consent of co applicant whereas the bank has provided all the statements to the wife and she has attached it in the chargesheet signed . husband stand is dowry is alleged to be given but not taken . same argument was given by the HC judge during bail that he has not withdrawn the FD and remains intact in bank. would DPA complaint be advised here or not. what remedy does the husband have when wife has left country for PR and after attaining PR escapes indian laws and jurisdiction. thankyou in advance.


 12 Replies

Vijay Raj Mahajan (Advocate)     11 April 2018

Firstly make correction to your legal information about the Permenent Residency of any foreign country by the Indian citizen. In this case as you stated your wife left for Australia and is in process of her PR, the PR just provide her stay and work in Australia for 5 years and that has to be extended otherwise PR will be revoked by the Australian government/imigration. The PR of Australia remains Indian citizen and is holding Indian passport and bound by Indian laws. The PR of Australia can seek Australian citizenship but that too is not so easy to get unless the person is found to be both socially involved in the Australia and is found to be having good knowldge of the social system, lifestyle, society laws applicable to Australia and is completely involved by all means to the Australian society. All this is not by stating by the Indian citizen but a proper test conducted there to adjudge if the person seeking Australian citizenship deserves it or not. Without getting Australian citizen the Indian person remains Indian by all means, don't worry if your wife gets Australian PR, we can get her back to India, and by the way, when you propose to go to Australia ?

1 Like

Hb   11 April 2018

Thanks for he clarification and detailed information on PR . I do not plan to go to Australia not very fond of abroad love to live in India. I was wondering that would the dowry prohibition act 3/4 case would be a good case to be filed right now as wife is abroad . In case of criminal case she would be forced to come and attend which won't be much feasible for her and would end up fast disposal of case by mutual consent as in reality she is just trying to make some money and her case is very weak but indian laws make the husband go through the whole process.

Vijay Raj Mahajan (Advocate)     11 April 2018

Complaint u/s 3,4 the Dowry Prohibition Act against wife may not get registered as FIR by the Punjab or Chandigarh Police as their corrupt nature and pro-women/wife approach, so doing it involve long wait both in Police Station and Court of Magistrate in your place. Not so easy going my dear friend. Moreover you guys have excellent lawyers at your disposal there who's Interest is in your pocket rather your case.
1 Like

P. Venu (Advocate)     11 April 2018

Has the trial in those cases begun? Has the summons been served on the defacto complainant to depose?

P. Venu (Advocate)     11 April 2018

Has the trial in those cases begun? Has the summons been served on the defacto complainant to depose?

Kumar Doab (FIN)     11 April 2018

You can benefit from above posts..

Kumar Doab (FIN)     11 April 2018

If case of OP is weak as posted by you then eventually you can succeed..

You must have also signed on FD issuance form!

Isn’t IT!

The bank provided copies upon order by state/court?

If NO or even if yes; write to MD, PIO of the bank and also approach CEPD-RBI..and pursue RTI route..

You can also ask for IT in court if required, and appriase the court of facts as narrated in your query.

1 Like

Kumar Doab (FIN)     11 April 2018

You can benefit from above posts..

I have seen all Lawyers at all locations/states/HC  are not the likes that look at pockets of clients than in the case..be IT Punjab and Haryana High court, Delhi, Gurgaon and other location in other states..

 There is always very able LOCAL senior counsels of unshakable repute and integrity specializing in concerned field of law  and having successful track record…. and worth their salt..

Nevertheless if anyone comes across such lawyer that look at pockets of clients than in the case..

Make such lawyer very very popular…

Then let such lawyer, IT's, entities,  be idle and loiter at online portals, remain glued to computers, hopelessly expecting to allure unsuspecting querists..

 

 

 

Hb   12 April 2018

The 498 case has begun and DV arguments are to be done. The DPA she has not filed so I was thinking to file. 

Hb   12 April 2018

Yes I signed the FD and TDS also been taken from me . I visited the bank for the first time few days back and ask for the credit certificate as form 26 shows the tds but the bank manager said that that would be provided after may . I asked for account statement he refused to give on the pretext of needing a confirmation from the joint account holder which is my wife . I the written letter from the bank about this. Now the thing is in my chargesheet wife has attached the account statement which has been provided by the bank to her and signed . So the bank has errored by refusing me but giving her without my consent .  The manager is friend of my FIL and the FD was made without my documents or picture but after marrige I had given the documents as asked by my FIL. As far as Lawyers mentallity is colncerned I do my own drafting and have stood inperson in HC and got orders free. Lower court i do not like to do in person as the case go long but written arguments are given and done by me as and when required. the criminal case against my wife can be filed by me only without the interference of lawyer or anything living 1 km away from court its very easy for me to manage everything . So the final question is should i get DPA complaint filed and which route would be better police, higher police officials or magistrate. Registering the criminal case against her would end the cases in few months for sure. 

Hb   12 April 2018

Vijay raj mahajan sir. I know the case , litigation and courts are not easy  but living with a corrupt wife is way more tougher. I am up for the troubles therefore not compromising . I happen to have my lawyers on leash and keeping track of everything very deligently. My lawyers are not on the driving seat of the case I am. My lawyer will be last person to suggest new case to me his advice is to forget the cases just pay maintance when it comes enjoy life get some girfriend and see for my future. Before begining of the case his advice was compromise is the best solution as the courts and litigation is very nasty but on my adament behavior of fighting the case his only line was " Any man who is a father and husband always has respect for kids like you who do not bow down to girls who try to make life hell for parents who have toiled for you and I am with you" so I do not have issues with my team money will be charged and given to them as its their profession. I am also a professional and take money from people but then deliver also my services beyond expectation of the client, everything revolves around money just not up for free money to my wife let her fight for it work for it let me learn law and the legal machinery as its dirty but very helpful if you understand it well. 

Vijay Raj Mahajan (Advocate)     12 April 2018

Please carry on as it please you, no more comment from my side.

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