Need Urgent Suggestion... - CiteHR
Dinesh Divekar
Business Mentor, Consultant And Trainer
Nathrao
Insolvency N Gst Professional
Cite Contribution
Community Manager
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Asso.prof.(commerce & Management) Pg
Sushilkluthra@gmail.com
Consultant In Legal Matters
Rohitss12
Student

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Hi...
I am selected as a po in bank of baroda recently but a case of dowry is registered against me.However there is no detention/arrest yet.Whether I will be able to join or not??
Plz plz suggest me.I am very tensed.
Plz help me.Give me peoper guidance.

Dear Rohit,

Congrats on clearing Bank PO Exam!

Notwithstanding your marital troubles, passing the competitive exam is no easy task. This shows that you have great ability to concentrate on your career and domestic troubles do not put you in emotional turmoil. Kudos to you! Keep it up!

At the time of joining government or semi-government organisations, there are lot of forms to be filled. Amongst these includes declaration on court case against you. Do not hide the fact that court case is in progress against you. Formal declaration at the time of joining will keep the things in proper perspective.

Nevertheless, if you are respondent then court hearing will take place during your training also. Is your attendance mandatory at the court that you please check with your lawyer. Secondly, even after completion of the training, you could be posted in a city other than where court case is going on. In that case, how will you be able to attend the court case? This also could pose challenge to you.

In the meanwhile try to work out marital reconciliation. If this does not succeed, try for mutual divorce. This will settle your all the problems to the rest.

All the best!

Dinesh Divekar


In addition to what Dinesh have suggested, if it's only a Dowry case that's filed, it's entirely under your control. Please settle it as early as possible, before it spirals into several other areas.
Your career will find its way once you are free of the court's verdict. Offer out-of-court settlement at any cost. No matter whatever price you pay now you have the rest of the life to earn it.
Don't wait for the next court summon to reach you, hire a top advocate and settle it paying whatever amount thats the bride's family have mentioned in the summon.
Buy peace at any cost and then work your way up in your career.
Dowry cases have a nasty way of spiralling into every wrong tangent.
Wish you an early relief !

The two replies by learned members is very useful and informative.
Settling a dowry dispute is difficult.
The case may be false and out of anger the demand for settlement may be very high.
But taking advice from a qualified lawyer dealing with subject matter is very important.
Never hide the fact from employer that a case is filed against you.
Under which section of IPC has the case been filed?--498A??

Thanks to all members for ur suggestions. But my wife is not ready for mutual settlement she knows about my job that is why she is torturing me intentionally.
If you know hr policies of a public sector bank then plz suggest me in such a scenerio whether bank will allow me to join.

To answer this query details of accusations and status of investigation or judicial process against you would be relevant.
Lot of queries-when was case registered,did police find anything against you,is chargesheet filed etc
Bank will examine all these details first when you inform them of the case.

Merely pendency of criminal case in the nature of dowry case is not an impediment in joining the public post. See Vineet Kumar v UOI , CAT, Lucknow in OA 331 of 2011. But you must make all declarations correctly. When you will file a petition under section 482 CrPC before HC for quashing the petition, generally a senior advocate may persuade HC to compel woman to compound on the terms it finds suitable.
Thanks
Sushil

In addition in the case of Days Sankar Yadav v Union of India decided on 24.11.2010, the apex court also held that in a case of offence of technical nature or of a nature whch would not affect declarant's fitness for employment, does not affect his joining the employment. The dowry case can be considered to fall in latter type of cases.
Thanks
Sushil

Good advice being rendered by learned members. All depends on nature of complaint or case.
I could not resist mentioning that filing of many cases by women under section 498A, IPC have been held by Delhi HC in Nidhi Kaushik v UOI to be exaggerated versions which when cooled down are withdrawn later. In continuation of earlier note, thus such cases could not be considered of serious nature with regard to determining fitness of person to the post. Even matrimonial dispute under section 12 DV Act was not to be treated as offence under the said case.The competent authority has to consider these factors at the time of permitting such applicant to join.
Thanks
Sushil


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