• Background verification (IT MNC)

Good day!

Marital cases ongoing since 2021, including:
-Divorce (both sides have filed)
-Child Custody (me against my wife to seek my baby's custody)
-498A FIR (wife on me) and its Magistrate Court proceedings
-Domestic Violence case (wife on me and my family members)
-Complaint to National Commission for Women (wife against me)
-Write Petitions in High Court (both sides)
-Transfer Petition in Supreme Court (wife against me to move all cases from Bangalore to Delhi (where her brother resides), so that my child goes far away from me)
-multiple police complaints and Women's Cell complaints (wife against me)
-Mediation ordered by HC of Karnataka and the Supreme Court have failed

QUERY:: I have a Background Verification on me coming up in an IT MNC.
WHAT SHOULD I DO TO SAIL THROUGH? PLEASE ADVISE! I REALLY VALUE THIS JOB OFFER !

There is no court conviction against me yet and no arrest ever made. Infact, High Court of Karnataka has granted an interim stay on 498A and DV in my favor. I also have child visitation rights (though she keeps violating it despite stern view taken by High Court as part of Writ petition proceedings).

Best regards.
Asked 1 month ago in Family Law
Religion: Hindu

3 answers received in 2 hours.

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14 Answers

1) you can mention that you are going through messy divorce and wife has filed multiple cases against you 

 

2) that HC has stayed 498 A and DV cases against you 

 

3) you should not face any problems in back ground verification 

 

4) keep certified copy of stay order handy in case company wants copy of stay orders passed in your favour 

Ajay Sethi
Advocate, Mumbai
97270 Answers
7856 Consultations

Generally the background verification in IT sector would be around the previous employment. 

However if you have disclosed the ongoing cases the employer may seek police verification report about character and antecedents 

In that case the police may report about the pending criminal case. 

You may give a statement of the status of the pending criminal case alone and not the DV or divorce or child custody case. 

 

T Kalaiselvan
Advocate, Vellore
87471 Answers
2348 Consultations

You should make a full and fair disclosure of pending cases 

Ajay Sethi
Advocate, Mumbai
97270 Answers
7856 Consultations

You can’t avoid the BGV as the same may show the case status you can at the most provide PCC to the company 

Prashant Nayak
Advocate, Mumbai
32699 Answers
208 Consultations

Better disclose as they should not treat is as suppression of material facts affecting your career.

G.Rajaganapathy

Advocate

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
2229 Answers
8 Consultations

Dear Client,

In the Present Scenario, since there are no convictions or arrests against you and the High Court of Karnataka has granted an interim stay on the 498A FIR and Domestic Violence case, such disputes remain allegations and cannot legally disqualify you from employment unless the company explicitly states against such stance. You may emphasize on the same, during the background verification process, by stating the ongoing family disputes, and highlighting the High Court's stay and absence of any police action. However, it is suggested that you mentally be prepared for providing the requisite documents, including the copies of stay order, proof of no arrests made by Police, and visitation rights granted by the court. You may also obtain a police case status certificate showing no convictions. And further, since usually MNCs require the consent for no criminal cases lodged, it is suggested that you remain honest, show the court records, and other aspects relevant to the case.

Hope you find this answer beneficial for resolving the dispute.

Anik Miu
Advocate, Bangalore
10299 Answers
121 Consultations

You can formally inform your new employer about the pending matrimonial disputes but keep it to brief level possible instead of revealing everything elaborately.

 

T Kalaiselvan
Advocate, Vellore
87471 Answers
2348 Consultations

  1. Understanding Background Verification (BGV):

    • IT MNCs usually check criminal records, employment history, and other public data.
    • Since you have no convictions or arrests, pending cases are unlikely to appear unless the company conducts in-depth manual checks.

  2. Proactive vs. Reactive Approach:


    • Proactive (if asked explicitly): If the job application or BGV form asks about ongoing legal cases, disclose them briefly but emphasize:

      • No convictions or arrests.
      • Stay orders granted in your favor by the High Court.


    • Reactive: If not asked directly, do not disclose proactively. Wait for the employer to raise concerns (if they find anything during verification).

  3. How to Explain if Asked:

    • Keep the explanation professional:

      • "I am involved in personal family matters since 2021, including legal proceedings. These are civil and family disputes, with no convictions or arrests. I have High Court orders in my favor, including a stay on key cases. These matters do not impact my professional capabilities."

    • Focus on your skills and commitment to the role.

  4. Criminal Record Checks:

    • Since no FIRs have led to arrest or chargesheeted convictions, you can confidently state that there is no criminal record against you.

  5. Senior Position Considerations:

    • For senior roles, companies value transparency. Be honest if asked but do not elaborate unnecessarily.

  6. Steps to Ensure Smooth BGV:


    • Cross-check personal records: Ensure no discrepancies in your background (e.g., PAN, Aadhar, or address).

    • Obtain certified copies: Keep copies of High Court stay orders to provide clarification if needed.

    • Be ready to explain: Prepare a clear, concise explanation of the situation focusing on professionalism.

For detailed, personalized advice, consider a phone consultancy.
Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes to write a review, it would be greatly appreciated.

Thank you.
Shubham Goyal

 

Shubham Goyal
Advocate, Delhi
352 Answers

In view of stay you should not face problems in background verification 

Ajay Sethi
Advocate, Mumbai
97270 Answers
7856 Consultations

The police records will reveal that there is a criminal case pending trial before the judicial magistrate court in their report if the police is approached by your employer.

Hence it is advisable that you apprise your employer before hand about pending matrimonial disputes because you are likely to be appointed for a senior post.

T Kalaiselvan
Advocate, Vellore
87471 Answers
2348 Consultations

  1. Criminal Record in BGV:

    • The chargesheet filing and Magistrate Court's cognizance may reflect in manual or detailed BGV checks.
    • However, the HC stay and NBW recall ensure there is no conviction or permanent criminal record.

  2. If Asked in BGV:

    • Disclose only if explicitly asked and explain:

      • High Court granted a stay.
      • NBW was recalled.
      • No convictions or arrests exist.

  3. Proactive Steps:

    • Keep certified copies of:

      • High Court stay order.
      • NBW recall order.

    • Cross-check personal records for accuracy.

  4. Outcome:

    • With proper documentation, this should not negatively impact your BGV results.

For detailed, personalized advice, consider a phone consultancy.
Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes to write a review, it would be greatly appreciated.

Thank you.
Shubham Goyal

Shubham Goyal
Advocate, Delhi
352 Answers

- Delhi High Court held in the case of R. K. Anand versus  Registrar Delhi High Court (2009), that the mere registration of an FIR or even being named in an FIR does not, by itself, affect one's professional reputation or employment unless a conviction is made.

- Hence, even if you will inform the employer then also he cannot reject you only on the ground of pendency of the 498A cases. 

Mohammed Shahzad
Advocate, Delhi
14651 Answers
224 Consultations

No it’s just the procedure you are not a criminal unless you are convicted 

Prashant Nayak
Advocate, Mumbai
32699 Answers
208 Consultations

Dear Sir,

Since it is stayed so police cannot give adverse report against you. Try to get quash such charge sheet or at least get  issue directions to the concerned police to clear your Police Verification as it is a family case and still it is not ended in conviction. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6193 Answers
491 Consultations

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