Harassment and Legal Battles Continue for Australian Immigrant: Charges of Marital Misconduct and Manipulation of Law

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.