Bareilly, India : A long-standing legal
fight and claims of harassment have led Kailash, an Australian permanent
resident, into a succession of tough realities after he married Swati Bhakuni
in 2011. The case has become a head turner for its complications around
personal grievances, legal disputes and charges of exploiting the legal system.
The Marriage and Subsequent Visa Issues
Kailash, after obtaining Australian
permanent residency in February 2010, married Swati Bhakuni on March 18, 2011,
in a simple ceremony. He was at the time planning to create residence in
Australia, something to which Swati along with her father Mahendra Singh
Bhakuni were also aware. However, it was soon abuzz with some serious issues as
Swati Bhakuni, the wife of Kailash suffered from a host of medical problems
that include Polycystic Ovary Syndrome (PCOS) and was a victim of piles too.
However, Kailash tooks all the medical responsibilities of his wife seriously
and took her treatment sessions at hospitals in Bareilly and Gurgaon.
In 2012, months after Kailash left for
Australia, and later applied visa via NAIS, North America Immigration Services
and also paid the costs involved but within a few days of submitting the
application; differences began to surface.
Alleged Harassment and Legal
Manipulation
Swati's visa application, though
initially sponsored by Kailash, suffered several blows. Continuous disputes and
what Kailash claims are "mental and psychological harassments" from
Swati and her family compelled the sponsorship to end and the visa eventually
got canceled by October 2012.
After the cancellation, Kailash alleges
that Swati and her family retaliated by filing false cases against him, he
claims. He recounts several incidents, including an attack on his mother by
alleged goons linked to Swati's father, Mahendra Singh Bhakuni, and also
harassments inside the court, where Swati allegedly misbehaved with Kailash's
mother.
Things only went downhill, though:
Kailash claims that Swati, sworn under oath at trial, testified that she was
unemployed when, in fact, she was working at RBS Financial Services. The few
times Swati actually showed up to court during that time, Kailash asserts,
doubled the workload on his elderly mother, who had a duty to attend every
hearing.
A New Marriage and Litigation
In May 2022, Swati Bhakuni wedded again
the employee of Bank of America Devendra Rautela, still legally being married
with Kailash. It led to a police report and the FIR in the marriage without
divorce case against her. Investigation is still on, and Kailash suggests that
Swati's attempt to dupe the investigators by returning to Bareilly forms part
of the plan to circumvent legal action.
Even after the passage of years
encompassing a roller-coaster of litigations in courts galore, Kailash has not
faced any legal charges, though harassment, according to him, continues
unabated. Observations about the abuse of legal provisions have galvanized much
concern among legal luminaries who describe the scenario as "legal
terrorism." Even the apex court of India has not been vindictive in
condemnation by highlighting how such practices ruin the victims of prolonged
litigation.
The Way Ahead
Kailash's case continues to unravel both
legal and personal ramifications of such a story, for her family the courts
have not delivered an accumulated final judgment on the charges of harassment
and misconduct. Even though the courts in legal matters have not pronounced a
final judgment on the allegations made against Swati Bhakuni and the cases of
harassment and misconduct, Kailash's family stays in a state of distress. As
the stories of investigations continue into Swati Bhakuni's second marriage,
questions remain on whether there will be consequences for such an action-for
she had married without a divorce.
They are, however, watching closely
because the case touches on some deeper concerns regarding the misuse of legal
processes to settle personal vendettas. The outcome can be hugely
precedent-setting in terms of how such cases may be handled in the future,
particularly given that the allegations of legal manipulation and harassment
are involved.
Editor's Note: The case is under
investigation by law enforcement agencies, and further details are awaited. The
perpetrators have been given the opportunity to present their case through
proper legal channels.