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Caw cell & dv

(Querist) 24 February 2013 This query is : Resolved 
Dear Experts,

I just joined this forum and really happy to get these type of websites helping people.

My wife filed a compliant in CAW cell of 05 pages on 19th oct 2012 with false allegations. She also file divorce, maintenance & DV.
I got married on 11.12.2011 and my wife left on 06.05.2012 (approx 04 months after marriage) but she filed a case on 19.10.2012.

Few queries in my mind:-

1) Can a copy of compalaint can be get thru RTI only?
2) If IO is favoring only women then waht action can we take aginst IO?
3) My wife had not produced any evidence regarding the allegation she had mentioned in her complaint.
4) I have sub,itted the reply of the complaint at caw cell with 20 proofs where we all are happy and enjoying the life. (Photographs, picnincs, trips, facebook etc..) will it give me any benefit to close CAW complaint?
5) Can CAW cell has a power to close the case with no FIR if no eviodence has been provided by the complainant?
6) We have filed allegation on IO at MM court favoring complainant and not hearing my complaints/proofs etc... will it be possible for MM to refer the case in court without registerin a case at Police station / FIR?
7) MM has called ACP & both the IO's to discuss the status of the case. Will it give me any benefit?
8) Can CAW cell has the authority to recommend a case to police station with no evidence?
9) MM has directed both the parties for the mediation but it seems that no solution will come because my wife has putten a big demand which i cant fulfill. what would be necessary step should i take?

Kindly Revert As soon as possible as i have couple of dates next week.

Thanks

LK

ajay sethi (Expert) 24 February 2013
your wife sees you as a milch cow . she has been advised well to slap muliple cases against you .


maintenance case . you have not mentioned whether your wife is working or not . what are her qualifications .

you have not mentioned nature of allegations made by your wife in the complaint .

you should attend the mediation . you have not mentioned the unreasonable demands made by your wife . if your wife is demanding exhorbitant sums of money refuse to pay fight case on merits

LK (Querist) 24 February 2013
Dear Mr.Sethi,

Thanks for your quick response.

My wife is working and she is an MBA.

She has putten the same false allegations in all 04 cases, main points mentioned below:-

- cruelty
- Harassment
- Demands / Dowry
- Taunting and etc..... on same lines.

I have attended two mediations as of now and the lawyers of both the parties said that both the parties doesnt want to live with eachother.

Judge has asked our final offer which we need to give in next hearing...my wife demanded 40 Lacs + Jwellery (Which she has already taken while leaving matriminial home)she has also taken her clothes as well.
My wife said in all petitions that they have spent 75 lacs on marriage.

Looking for a prompt reply.

Thanks

LK
LK (Querist) 24 February 2013
Dear Mr.Sethi,

Also if possible, kindly provide me the suggestions of my previous post as well.

Thanks

LK

ajay sethi (Expert) 24 February 2013
refuse to acede to her exhorbitanr demands .
if wife is an MBA and working she wont be entitled to maintenance .i presume she must be getting a decent salary .

you have not mentioned how much are you earning per month .

do you have any evidence that wife has taken away her jwellery .

the allegations of curelty , dowry harrasment will have to be proved by the wife . in addition she has to prove her claim that rs 75 lakhs spent on marriage and dowry was given at time of marriage .


engage a local lawyer
V R SHROFF (Expert) 24 February 2013
Marriage expenses are at the whim and will of the bride & her parents to show off/ or mtn business relationship.
It is not re-reimbursable, and husband cannot be held liable, for high wedding ceremonies.

Imp is hus present income/ compare to wife's earning.

Do not accept to pay exorbitant demands of wife.


FIGHT FOR RIGHT.

Remember that she may demand more after few months, even after receiving at present.
Raj Kumar Makkad (Expert) 27 February 2013
I do endorse the advice of Shroff.
LK (Querist) 28 February 2013
Dear Experts, Thanks for your suggestions. Actually let me tell you what happens:-1) My wife filed a case for divorce and mainetenace which we recieved and we made a reply of it and submitted on the first date with proofs. 2) Then she filed a same complaitnt in dv which we recieved and submitted the reply with 20 proofs on first date of DV. 3) After submission of the reply in divorce, maintenance & dv then i submited my reply of CAW complaint at caw cell with proofs. 4) All the complaints made by my wife are same in all the cases. 5) IO of CAW cell on which we have requested for legal action, has submitted the status report during the MM date mentioning that me and my wife were happy. But wife doesnt want to live with the husband but husband wants to live with her. 6) My wife and her lawyer has requested for mediation on first DV date to MM, and MM has referred to us for mediation but i dont think there will be any settlement possible because her demand is very high. Kindly suggest a wayout.


7) can a copy of compalaint can be get thru RTI only is there is any law stated that copy of the complaint can be get only thru RTI? 8) If IO is favoring only women then waht action can we take aginst IO? 9) My wife had not produced any evidence regarding the allegation she had mentioned in her complaint. 10) I have sub,itted the reply of the complaint at caw cell with 20 proofs where we all are happy and enjoying the life. (Photographs, picnincs, trips, facebook etc..) will it give me any benefit to close CAW complaint? 11)Can CAW cell has a power to close the case with no FIR if no eviodence has been provided by the complainant? 12) We have filed allegation on IO at MM court favoring complainant and not hearing my complaints/proofs etc... will it be possible for MM to refer the case in court without registerin a case at Police station / FIR? 13) MM has called ACP & both the IO's to discuss the status of the case. Will it give me any benefit? 8) Can CAW cell has the authority to recommend a case to police station with no evidence? 14)MM has directed both the parties for the mediation but it seems that no solution will come because my wife has putten a big demand which i cant fulfill. what would be necessary step should i take?
LK (Querist) 01 March 2013
Dear Experts,

Would like to know:-

1) Any possibility to quash 498A/406 ?

2) Any possibility to quash CAW Complaint?

3) I have lots of pics as proof where my wife is happy and no cruelty, no harassment, no dowry, and she was all happy at her matrimonial home on a stay of 04 months.

4)There is no police complaint when she left, no medical, my wife has putten all fake complaint and even she putten complaints and case after 05 momths when she left.

5) She has admitted in DIR report that no physical harassment, she only said for demand and taunting by in laws.. which is also fake.

Kindly provide me with your suggestions.


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