Narsingh (working) 23 June 2009

Dowry case and job loss

Dear Sir,

I work for a Multi National bank. I got married recently and due to some problem, my family and i have decided to get separated from my wife due to incompatibility. When she left the house, we had a big verbal argument with her family and we feel that my wife's family might file for a dowry case (even though I am innocent) to counter our divorce case (we have still not filed divorce case).

My question is : Is there a possibility of I getting fired from my job if a dowry case is filed against me. My wife's sister also works in the same bank and iam worried that she might inform HR people that a dowry case is filed against my name. Can i get a bail immediately after iam arrested and what is the procedure of filing a divorce case. Please advice.

Narsingh.

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1 Replies

Adv. Lalit K. Jhunjhunwala (Lawyer) 23 June 2009

Dear ANrsinh

first of all you should write an application to the incharge of local police station thereby detailing the entier incident and also mentioning your apprehantion about the lady filling a case under 498-A of IPC to ahrras you and your family memebrs. Mark a copy of the same to the police station within whose jurisdiction the lady's parents are residing and also a copy to Commissioner of Police of your city.

Also as is apperant from your details that the lady has already left the house and has not yet filled any FIR against you. this delay in filing FIR will give the advosate arguing for Bail a major point to secure your bail. Also once the letter to Police is submitted before filling FIR this will alo be a positive point for you. The Bail is discretion of the Court but these points will surely make the case tilt in your favour. There are also certain recent case law where there are guidelines laid down for the police before arresting any person under 498-A.

The company can not remove you on this pretext as till you are not convicted you are assumed to be innocent. However in case your employment contract states that the company has right to terminate you in case amy criminal litigation is filled against you then it is otherwise. But generally it does not happen and you can fight back eith the company.

In casse you need any further clarification feel free to write to me.