dowry harrasment
rocky
(Querist) 11 December 2009
This query is : Resolved
please give me your valuable advice so that i can save a family.My uncle stays in UK. He married a girl who was also working in UK during 2007. Due to imcompatibility, the marriage broke down after A YEAR. NO ISSUES. They both started living separately. After some time, through her people, she collected all her belongings. At the time of taking away the belongings, her people assured that the girl herself has instructed to obtain her belongings since she wants separation and that they too are in favour of it and that they would not create any problem since they are keen for a peaceful settlement. The girl was kept informed of their assurance and also the fact of deliving all her belongings through e-mail and letters. She did not respond(but later in the complaint filed with the police she has confirmed the receipt of all her belongings). However, after collection of all her belongings, her people went back on their assurance and continued to dodge withy various demands. After waiting for a considerable time my uncle flew down to India in the beginng of 2009 and filed a divorce case. After a lapse of six months of the filing of the case by my uncle and after issue of the notice by the Court, the girl returned to India and hoisted two false cases against my uncle's family i.e. one under Prevention of Dowry Act and another under the DV Act, in DIFFERENT COURTS. The Court which is handling Dowry case has issued non-bailable warrant to my uncle. In the Court which is dealing with DV case, she is pressing for issue of direction to the Passport Authority to impound or cancel the passport of my uncle. In this background, I want your advice on the following points:
a) Can the Court give direction to the Passport Authority to impound or cancel the passport, particularly when my uncle is not in India and particularly when the alleged allegations are not yet proved by the court?
b) Since the cases filed by the girl are in the nature of counter-blast to the divorce application filed by my uncle and particularly when she has filed these two false cases after the issue of the notice to her under the divorce case, can my uncle challenge both the cases in the High Court?
Please enlighten my with your valuable advice, with case laws if any. You will be doing great service to the family in distress. Thanks.
Raj Kumar Makkad
(Expert) 11 December 2009
1. The court can at least impound the passport or can impose certain conditions to the use of passport.
2. No. cases are to be contested at lower level, however, it your uncle may prove the cases as prima-facie false then he may try under section 482 of Cr. PC.
There are numerous citations available on the subject.
joyce
(Expert) 11 December 2009
I agree with Raj makkad ji.
adv. rajeev ( rajoo )
(Expert) 12 December 2009
As Raj Sir, said court can impose some conditions to use the the passport.
You can challenge the orders of the court in the High court.
I do agree with the Raj Sir another answer No.2
rocky
(Querist) 26 December 2009
In case the court orders the passport authority to impound/ cancel the passport, what will happen to my uncle? will he be arrested and brought back to India? If we challange in high court as this is only an allegation by my aunt, will the lower court order be set aside? should we tell our uncle to come back to India loosing his job forever as we do not know what would happen when he comes to India? wheteher he will be able to go back?
rocky
(Querist) 26 December 2009
can the members help us to come to some conclusion on this matter at the earliest
