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.
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
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.
Just a brief follow-up: >should I reveal the details on my own to the new employer, OR >wait for them to initiate a discussion if they uncover any findings? Please also note that this is for a senior position hiring.
You should make a full and fair disclosure of pending cases
You can’t avoid the BGV as the same may show the case status you can at the most provide PCC to the company
Better disclose as they should not treat is as suppression of material facts affecting your career.
G.Rajaganapathy
Advocate
High Court of Madras
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.
You can formally inform your new employer about the pending matrimonial disputes but keep it to brief level possible instead of revealing everything elaborately.
Thank you to all the learned advocates for taking out time to respond on my query and advising me. On the 498A specifically, it's true that HC has granted an interim stay. But it is also true that the Police had filed a Chargesheet and the Magistrate Court had taken cognizance and even issued a non bailable warrant (NBW). Subsequently, my Advocate argued that there's a stay in the 498A from HC and it's only then that the NBW was recalled in the Magistrate Court. Will all of this create a criminal record for me with regards to the Background Verification exercise? Kindly advise.
In view of stay you should not face problems in background verification
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.
Criminal Record in BGV:
If Asked in BGV:
Proactive Steps:
Outcome:
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
- 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.
No it’s just the procedure you are not a criminal unless you are convicted
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.
