• 498a and employment

My wife filed false FIR on me , 498a and domestic violence, in 2014. Following the FIR, my wife and in laws were threatening me that they would inform my HR... being a senior proj mgr in an mnc, software, i resigned in 2014 fearing any blackmark in my career... 

The case is still ongoing, no evidence given by her till date.... shes delaying the case intentionally... recently i started looking for job again, and got offer from techmahindra Chennai

My question is, 
1) is there any clue on techmahindras employment/termination policy, in respect to FIR
*****The FIR is registered in andhra, but my job location would be Chennai...******

2)should i join techmahindra or no? Should i inform techmahindra upfront regarding this pending FIR, or not?
Asked 11 months ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu
1)you should join Tech mahindra 

2) 498A cases take more than 5 years to be disposed of . you cannot remain unemployed for 5 years 

3) you should inform the company about pending cases filed against you 

4) 80 per cent of 498A cases are false and end in acquittal 

Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
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1) your services would not be terminated if your wife informs your employer about pending cases 

2) even if tech mahindra appointment letter does not contain any such clause about pending cases if you  are upfront and honest company would appreciate it 

3) it is better to join a reputed organisation than a mid sized company 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Case is not a barricade to a job. False dowry case affected only if it is against the policy of Tech Maheendra.  When an FIR is lodged, allegation of harassment on account of non-fulfillment of demand of dowry etc. are usually made not only against the husband but also against all the family members and sometimes even against married sisters etc.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
If other mid size companies are more flexible it is advised to take up these in the same city where you are currently residing and where the case is pending, it will save you the time of travel also.
consider an out of court settlement if that is what your wife wants, offer money so you can buy peace for the rest of your life and also be a free man.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
52 Consultations
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1. It was not a correct decision on your part to resign from your earlier employment fearing adverse action from your employer due to the 498A FIR filed against you since the Company has no business to adversely act against you due to the said 498A FIR and DV case. It appears that you have over reacted. Tech Mahindra will not act in any way for the said FIR and DV case filed by your wife,

2. There is no reason for you not to join any Organisation fearing adverse action from your employer due to the said DV case and 498A FIR. If there is any query in their application form seeking information about any FIR or Court case, you can mention about the same and need not of your own go and declare the same.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1.As suggested in my earlier post, you need not voluntarily declare about the case and FIR filed by your wife,

2. Getting FIR filed by wife does not legally bar a candidate to apply for a job or an employee to continue his job till he is convicted. So, you stop worrying about it and proceed further in your life.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
My question is, 
1) is there any clue on techmahindras employment/termination policy, in respect to FIR
*****The FIR is registered in andhra, but my job location would be Chennai...******

Firstly, you should not have resigned your previous job merely based on the threats of your in law.  The company will not oblige to any such information by them because mere FIR is not enough to prove you guilty, the court after hearing both the sides by conducting proper trial of the case, shall decide the case on merits presented by both the sides.   Therefore the new assignment with Tech Mahindra, Chennai will also not have any impact towards the pending FIR or trial proceedings, even if the new employer is notified by your in laws about this. 



2)should i join techmahindra or no? Should i inform techmahindra upfront regarding this pending FIR, or not?
You can very well join the Tech Mahindra employment, there is no bar in it. If at all there is a questionnaire in the joining report about the pendency of any criminal case against you, it becomes your duty to reveal the information but you should mention without fail the status of the case too.   this will not hamper your employment opportunities in any way, the company may take an undertaking that your pending cases shall not hamper your duties, which you can very well assure stating that all your personal affairs shall be dealt with by you outside the office.  
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
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The appointment letter does not contain any clause for such criminal case history. In such case should i deliberately tell them? In case my wife complains HR after i join the job, would techmahindra terminate me and declare my conduct as bad?
If there is no such clause in the company's appointment letter, you may not bother about it.  You need not voluntarily reveal the information of a pending criminal case against you to the company.  If she happens to inform the company about this, you may give an explanation that this is due to matrimonial disputes and she has foisted false cases against you, however the same shall be taken care by you without hampering the office work.  This undertaking will secure your job as desired. Your fears are unwanted in this regard.




 I have offer letter from other mid size company too, should i prefee that, bcoz mid size companies generallyally flexible
It is purely your call which shall be based after analysing the pros and cons. A decision on this can be made after going through the factors that may benefit you.
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
The private institutions do not terminate their employees in case of matrimonial disputes unless the employee has suffered arrest. There is no need to inform the employer, in the absence of a clause to the contrary in the contract, about the dispute with your spouse. 
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0

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