I'm a senior citizen. My husband (senior citizen) has been harassing me incessantly, so I had to file a Domestic Violence case against him. Upon his assurance to let me lead a peaceful life, the complaint was later compromised. But he continues to harass me. Now, he is trying to lodge a false complaint against me saying that my daughter and I passed derogatory castiest remarks (We never passed such comments) against our domestic help. He has an illicit affair with the domestic help. They are harassing me together. I have the following questions in the above mentioned scenario: 1. If such a false complaint is lodged in the police station, will they file an fir against me and my family members ? 2. We are planning to apply for Permanent Residence in UK. Will this adversely affect in anyway? 3. My son who is already a Permanent Resident is planning to travel to India. If an fir is filed against him, will it cause any issue for him to travel back?
FIR can be filed against you on basis of complaint of domestic help
2) it would affect your chances of obtaining permanent residency in UK
3) if FIR is lodged against your son he has to apply for and obtain anticipatory bail from sessions court
4) he can go abroad with court permission
Respected mam
Thank you
1. Yes there can be an FIR
2. Only after court takes cognisance of case after charge sheet filing
3. No
1. It is not an automatic FIR on such vague and baseless complaint.
If at all they lodge any complaint you may defend yourself stating that the man behind this false complaint is your husband who is having an illegal affair with her and due to vendetta for filing DV case against him, he is resorting to such cheap tactics in order to put pressure on you and ruin you life.
2. Better not to reveal your plans to apply for PR, because he may cause continuous hindrance to harass stop you from taking this PR.
If there is a criminal case pending against you the it may affect the police clearance certificate which is a vital certificate/information for grant of PR.
3. He has to exercise abundant caution while travelling to India by not indulging himself in the ongoing disputes in order to have a safe return to his country of residence.
1. No FIR can be filed without thoroughly investigating a complaint and establishing a prima facie case against the accused.
2. A mere complaint will not prejudice your case.
3. No, unless there is a court order restraining him from returning to the UK or impounding his passport.
1. Possibly yes.
2. Yes.
3. Yes.
Better get away from him.
G.RAJAGANAPATHY
High Court of Madras
Dear client,
1. Yes, a case may be filed against you if such a complaint is lodged in the police station and it is see to contain some weight in terms of legitimacy
2. If a case exists against you, it may cause some trouble. You need to declare all convictions and police cautions on your application to UK Visas and Immigration (UKVI)
3. Your son can still travel back to India with an FIR against him. Once he is back in India, action may be taken against him but there will be no issue with regard to him travelling
Thank you.
Tge veracity of the complaint is checked by the police before lodging an fir. You should talk to the police beforehand and tell them the whole situation.
1. Without a mediation between the parties , no FIR can be lodged against you.
2. No,
3. If an FIR lodged against you and son , then you both will have to take anticipatory bail from the session court , and after getting the bail he can travel abroad.
Hi there,
With all sympathy with you, let me directly answer your queries.
1)
Answer: Yes, Police can file FIR if they believe the version of complainant but in SC/ST cases, it is not always easy to file a FIR as police also have to follow certain legal norms before filing FIR in SC/ST case.
2)
Ans: You can go ahead with your planning as even in the worst scenario if FIR is filed you can go ahead and try to get FIR Quashed from Hon'ble High Court.
3) In case, FIR gets registered and your son's name also reflects in it then he would have to take anticipatory bail & he can go back to UK after taking court permission.
I have given answers very shortly. If you want to discuss it in detail the please contact me.
Regards,
Adv. Aftab Patel
High Court
Aurangabad.(Maharashtra)
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