naren (Consulltant) 27 November 2012

Call from caw- next step

Dear All,

Need you advice in following situation:

I am an NRI working in Gulf. Got married in India in Mar-11 and both of stayed together in gulf till 10-Nov-11 (2 months in India in between) and since then we are separated and I am staying alone in Gulf. She is staying with her family since then. They agreed for MCD in Aug-12 (1.5 times of money they spent was agreed to be given) and I planned to file the application in Nov-12 however 2 weeks back they changed the stance maybe to royally screw an NRI murga.

Yesterday my family members got the call from women cell counsellor and informed that my wife has complained against me for dowry demand and domestic violence.

Reconciliation is not an option. I don't want to hide outside India and want to fight it out as both the complaints are false and I have not done any wrong. I have evidence 1.) The fake graduation certificates they gave us to show us that she is graduate as I have the precondition that girl should be well educated (I am CA) and atleast be graduate ( I don't have any biodata from them, it was all verbal that they told us that girl is graduate) 2. As she not belong to well to do family, she used to torture me for money and she transferred big sum to her own account. I have the transfer receipt (from gulf exchange to her indian saving account) signed by her though she was not working while staying in gulf.

My queries:-

1. If I come to India for counselling session by CAW, can they stop me from coming back to gulf and impound my passport. I am ready to come to india as many times as required to prove that her cases are wrong. (not sure what all they have done so far whether they filed any FIR or criminal case etc, till now only information is that we get a call from CAW counsellor)

2. Can their complaint be quashed in high court as they don't have any real merit in the case. There is no evidence that they give dowry (as we actually didnt ask any) infact I have proof that I helped them in wedding expenses as they showed financial incapability to conduct a good marriage. and that they are filing this case after more than 1 year of separation.

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2 Replies

Goutam Prasad (Advocate) 27 November 2012

It has really become a problem of lodging false complaint of dowry harassment. Now, you should defend your case. There can be number of ways. Most suitable way is to discuss the same with good advocate with all your documentation. Based on the same and after getting copy of complaint, advocate may prepare a written reply. You can send the same directly to CAW. Whereas you family member may continue to make personal appearance at CAW. They should also take anticipatory bail.

At some later stage, after going through all the ground work you can opt to come and take proper bail with permission to go back to your work with undertaking that you will be available as and when necessary.

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Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 27 November 2012

Which State your case is in?

Coming to India or not coming to India is a Catch 22 question. However, if the case is in Delhi. Then I would advise you to seek AB and come to India.

Regards,

Shonee Kapoor