An NRI couple has moved the Bombay high court seeking quashing of a private complaint lodged by the wife of a family friend alleging dowry harassment.
Jayesh and Kavita Sheth, a couple residing in Ethiopia, said in their petition that warrants were issued against them by a Vikhroli magistrate’s court in February 2007.
Forum Sheth had filed a private complaint against the petitioners, her husband Kaushal and his family alleging dowry harassment. Although Jayesh and Kavita claimed they were not related to Kaushal’s family and only lived in the same locality, Forum alleged that Kavita was Kaushal’s cousin sister. In her complaint, Forum said she was harassed by the couple and her in-laws after she moved to Ethiopia in February 2005.
“Jayesh’s passport has expired and due to the pending criminal case the authorities have refused to renew his passport,” said Sheth’s lawyer and senior counsel Shirish Gupte. “He can’t come to India to attend the court hearing.”
The Sheths’ petition claimed that as Jayesh’s passport was not
renewed, he couldn’t bring his daughter to India for medical treatment. The couple has twins — a boy and a girl. The girl is mentally and physically challenged and has been undergoing treatment in India.
Hearing the submissions, a division bench of justices BH Marlapalle and Roshan Dalvi directed the prosecution to check the present status of the case in the Vikhroli magistrate’s court.
The court has directed additional public prosecutor Prakajta Shinde to submit a report in two weeks time.
Gupte also sought time to amend the petition and add the Union government as respondents in order to get the passport renewed.
