• Can I lose my government job based on a false dowry case registered against me

I’m Officer in central government and on probation. I haven’t completed 2 years in job. I want to file divorce case and I understand as soon as I file divorce case the opposite party will file case against me under section 498A ( most probably). I never demand anything from them but I still understand that this happens with everyone. Based on this false case can government expel me or suspend me from my job?? It is noticeable that I’m in probation period right now. I need help
Asked 7 years ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

17 Answers

Merely because false dowry case is filed you would not lose your job

Only if your are convicted woukd you lose your job

You can file for divorce if you so desire

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

You won't be fired from your job, just because your wife has filed cases against you under 498a

But, if you're convicted in the said cases, it will greatly effect your present job, as well as future job applications.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Dear Client,

Mere filling criminal case dosen`t call your suspension but if you held in police custody for more than 48 hours, than under service rules , you will be suspended.

Whats your age ? Without divorce second marriage is void.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. you need not worry

2. you wont lost your job

3. for you to lose your job, you first have to be convicted for the offence of 498a

4. mere filing of a 498a case against you would not dis entitle you from your job

5. in Indian law system, an accused is considered as innocent unless proven guilty and convicted by a court of law

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

The legal age for marriage in India is 18 for a woman and 21 for a man.

Prohibition of Child Marriage Act, 2006 recognises child marriage as valid but “voidable” at the option of the minor involved .

You can file for annulment of such marriage, in which you do not need consent of the other side.

Then only, you can remarry, otherwise you'll be committing the offence of bigamy under 494 IPC.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

If she claim maintenance 1/3 to 1/5 of your salary will be given to her as maintenance. Secondly you have only ground to file under section 13(1)(ia) ie divorce on ground of cruelty mental or physical and you need to prove it beyond doubt. Second option is to file under Section 11 of Hindu Marriage Act, 1955 deals with:

Nullity of marriage and divorce- Void marriages - Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v), Section 5 mentioned above.

Since you were minor at time of marriage it is void.

Lastly if they file dowry harassment case unless you are convicted there is no damage that will be caused to your government job so you need not worry.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

Nothing will happen to your job in case wife files a case for dowry harassment under section 498A of IPC. IN case you do not participate in the investigation conducted by the police and arrested for more than 24 hours then you may be suspended. the suspension may be revoked after release. It hardly matters even if you are under probation period.

If girl is not ready to give you the divorce, then you need to file for divorce on the grounds of cruelty. There is no fix alimony, it depends on the your income and savings and the demand of the wife. Monthly maintenance depends on your monthly income to be fixed by the court if wife files any application for maintenance.

Jai Bansal
Advocate, New Delhi
198 Answers

You cannot marry during subsistence of earlier marriage

2) if you remarry case of bigamy can be filed against you under section 494 of IPC

3) you can file for divorce on grounds of mental cruelty . You have to prove allegations made in divorce petition

4) alimony to be awarded us at discretion of court . Depends upon your income , wife income , standard of living etc

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

No a matrimonial case will not effect your job.

Just give a NC to the police station that a false case can be filed on you, so that if the same is filed then you may immediately go to the HC to get the same quashed.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

In nay view of the matter your marriage is not a valid marriage.

File a suit for annulment of the marriage.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Sir in case she files case on you wont loose your job,in case you are convicted then you loose your job.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Sir you need to seek divorce based on your facts without a divorce you cannot remarry as first second marriage is not valid secondly it is offence under 494 IPC.

Sir you can file divorce on ground of cruelty, (also kindly state your age we can see if option of annulment as it was a child marriage) before the family court under section 13 hindu marriage act.

Further the alimony is decided based on many factors like your income, liability, lifestyle and other, also you have to give maintenance to your child in case custody is with her.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No, you'll not lose your job. Rest assured about this.

Even if a 498a case is filed against you, you have to ensure that you are enlarged on bail within 48 hours of your arrest.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Unless you connected in that case there is no threat to your job and you can enjoy this job

Konda Srinivas
Advocate, Hyderabad
215 Answers
2 Consultations

Based on this false case can government expel me or suspend me from my job?? It is noticeable that I’m in probation period right now. I need help

As per law a person charged with some offences will not be guilty until the court finds him guilty in its verdict.

Therefore by just registering as FIR, the government nor the employer can terminate your services,

They will await the outcome of the case to decide next course of legal action.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

If you are not able to tolerate her anymore and have decided to dissolve your marriage by a decree of divorce, you may file a contested divorce on the grounds of cruelty.

For alimony she has to prove your salary income out of which she may be entitled to 25 % of your take home salary.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

No you can't lose the job. Only after conviction of 48 hrs you can lose it.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer