Dowry case
lancy
(Querist) 28 April 2012
This query is : Resolved
dear sir/experts,,
i am in kuwait,my wife has filed false dowry case on me and my family,and my all family got bail agaist that case and as i am in kuwait i still not applied for bial not i presented myself in police station,i am planning to go on vacation by december.but now police started investigation and they asking me to come down to india for few days vacation but i cant go now on vacation.so what are the consquences if i not present myself in police station?or if i apply for bail before i go vacation and then i present myself in police station,is there anything problem to come back to work?as my wifes family may bribe police to block me from traveling? if police find no evidence thru investigation that there is no truth in that case and they can file B report to court with out investigating me? so i can get clean chit too? i am afraid my wife or her family may do something cheat as i cant travel abroad and loose my job.plz advice.
than you in advance.
Dr G V Rao
(Expert) 28 April 2012
Just don't go anywhere. The moment you land in India, the Police will arrest you. This is the idea behind the Police asking u to come to India for vacation. In case you apply for bail then the possibility of your passport being retained by the Court is not ruled out. The very fact that you need to attend to Court on every date of hearing of the dowry case will drain you resources. In dowry cases the Court considers her word against you. No great investigations are done in such cases. Just remain calm and work out a solution through some good mutual family members who should bring out a reconciliation. Dowry cases are like ATM's for some women. They just need money. I can show u tens of examples. So don't come to India and don't do anything hastily.
Adv.R.P.Chugh
(Expert) 28 April 2012
Though the chances are bleak - File an anticipatory bail application in India through your lawyer, undertaking to come down there and participate in the investigation, and abide by other conditions.
The Court would be reluctant to give you bail for the same would in it's opinion scuttle the investigation especially when you've not participated in the investigation after repeated requests of the court.
Nadeem Qureshi
(Expert) 28 April 2012
Dear Querist
I agree with Mr. Rao
Devajyoti Barman
(Expert) 28 April 2012
Running away from Law would only compound your problem.
Anyway there is nothing to worry much.
I do not see any prospect that you would be immediately arrested once you land in India.
After coming to India apply for anticipatory bail and then pass your vacation here.
It is true that your wife may try to pose some problem to leave this country but if you are employed there the court would eventually allow you to leave India.
So put your fear aside and come and pray for anticipatory bail.
adv. rajeev ( rajoo )
(Expert) 28 April 2012
You apply for the anticipatory bail. Engage an advocate in India, he will for the AB . You don't have to worry about that.
lancy
(Querist) 28 April 2012
dear experts,
for your kind information that i am not running away from law and i will fully support all investigation as i never did wrong or taken dowry or asked dowry.and matter still under police and not yet chargesheeted,my familt attended the investigation also.for your reference i have filed for divorce one year before they file false dowry case and also i had mentioned in that divorce letter that they have threatening me to file false case also.meanwhile i have got seperation order from court after one week of their false case.but still they dont know it as they never attended in court for divorce case.so i have some possitives for my side.
only my concern is my vacation in december so what are the possibilities that police can take if they put influence or bribe to take some action by police either absconding or something else? but all knows that i am working abroad as i am abroad before marriage itself.
hope now you experts get more idea for suggestions
ajay sethi
(Expert) 28 April 2012
if you have ner taken any dowry then face the music. do you have any evidence in respect of the same? try to find out from your famil mwmbers what are the spcific allegations in FIR .
try to make para wise comments on each allegation . contact a local lawyer and come to India . apply for antciaptory bail .
lancy
(Querist) 28 April 2012
ajay sir,
i have contacted the advocate and he says he will apply for anticipatory bail before i come on vacation which is scheduled for december,more over for as i have not taken a single paise dowry nor asked for it but we cant provide any evidence thru papers but we can give evidence only who were there during our wedding fixing other than that proof is i had filed for divorce one year before her false ccase on cruelty and desertaion ground.
i am not afraid facing court only concern wether i can come back abroad for work during court case and police only try to make some false evidence on bribe or influence base.
thanking yu in advance
ajay sethi
(Expert) 28 April 2012
dont be worried as you have already engaged a local advocate . when you have not done any wrong why should you be scared?
case if any has to be proved by evidence
lancy
(Querist) 28 April 2012
thank yu ajay sir
prabhakar singh
(Expert) 28 April 2012
Hopefully you shall be enlarged on bail.
It is your wife side who have to prove that have advanced dowry.How can you prove that you have not taken dowry?It is the positive that has to be proved by one who asserts.You simply need to deny that.
In my opinion the court shall permit you to go back to resume your employment duties,may be on certain conditions.
Shonee Kapoor
(Expert) 04 May 2012
I would say, apply for AB, you may get it.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
