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Caw cell

(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


yogesh (Expert) 24 February 2013
1) Can a copy of compalaint can be get thru RTI only?
In Delhi every Police office is bound to provide the copy of FIR after Court of its own motion vs State case but not in other states as they seek exemption under section 8 of RTI act which is aginst the law.


2) If IO is favoring only women then waht action can we take aginst IO?

No action can be taken without evidence on record..u may logde complaint for departmental enquiry but usually goes in dustbin..
3) My wife had not produced any evidence regarding the allegation she had mentioned in her complaint.
Allegations are sufficient to nail down especially ins atates but not in Delhi as every complaint is scrutinised and vague allegations shall not be considered..

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?
Generally not as the voice of women is heard only


5) Can CAW cell has a power to close the case with no FIR if no eviodence has been provided by the complainant?

Yes they have powers if girl agree..Pl see whether they had made complaint under 156(3) or directly approach to P.S..

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?

IN dELHI PROVISION OF NOTICE BAIL IS THERE BUT NOT DEFIENED IN CRPC

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?

YES THEY DO HAVE
Raj Kumar Makkad (Expert) 28 February 2013
I do endorse the views of Yogesh.


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