Caw cell - what to expect?


Hello,

I've posted here before. My wife filed a CrPC 125 case against me after deserting me for no rhyme or reason. She did this because I'm a private sector employee and she wants to extract money from me. Now, afterwards, she has gone ahead and has filed a complaint against the whole family (myself, parents, brother) excluding my sister in law. The 125 case is going on and I've to appear with all the family members in CAW cell in Delhi in 2 weeks. I got a call from the cell from someone who said I'll also receive official communication for the same.


I've a few questions, if someone who has been to CAW cell in Delhi before (due to reason of anonymity, unable to share the exact details here):


1. What's the process followed by CAW cell? Are they the actual investigators or they'll just be mediating.

2. My family has never been to a PS before, not even for lodging a complaint and my old parents and brother are afraid. What behaviour is to be expected from those at CAW cell? Is it possible to exclude my parents for now and only me and my brother go there?

3. How long would the whole process of CAW cell mediation take?

3. Do I need to give something in writing in the CAW cell? Presumably, I would be getting the complaint copy and everything else only when I appear. Would they expect us to read the complaint and write a response then and there?

4. Is the person in charge of my case, the IO for the case or the process of formal invetigation and post that FIR or Final report is something different?

Please, if someone who had been to any CAW cell in delhi, shed some light on these points.

 
Reply   
 

Forgot to add. Already spoke to my lawyer and he said that I should go to the CAW cell along with my family but without him (not sure if he is just giving excuse for not coming). He also asks to get the complaint copy in advance by hook or crook but I'm just not that connected.

 
Reply   
 


Independent Lawyer

Your lawyer is very right on mark. Follow his advice. Nothing more to add what he has told you.

 
Reply   
 

Thanks Ms Ashimta!

 

request some first hand experience on the CAW cell as well?

 
Reply   
 

Mr. Ajay, on receipt of official summons from CAW cell, as directed you all attend and make your appearance.  The people in the cell are also human beings only, nobody will do any harm to you or your family members at the first sight, apprise the situation there and consulting your lawyer over the issues raised there, proceed with the case accordingly.

 
Reply   
 
member and secretory

mr ajay don't afriad. join siff. you can go alone or with your brother on first date. mediation in caw cell is binding so never give anything in written.usually 3 times meeting taken there failure of which leads to fir.attend weekly meetings of sif at patiyala house court on saturday evening or at rohini on sunday morning.always fee free to call me 09813032516 or mail me pawanrajyan@gmail.com

 
Reply   
 

@Ajay, nothing to worry ! your lawyer is correct, there is not need to take him along, IO would try to put pressure on you to accept the terms your wife would dictate. They will try to scare you so that you surrender to their demands ! You need to have a strong presence in the CAW cell, so that her story dies there itself. IO has no power to arrest and as per the law IO will have to investigate 100% before recommending the case for further action like FIR etc. Even CAW mediation run for months before they reach to any conclusion. IO will inform you before the FIR is about to lodge, you can then apply for anticipatory bail.

Never give anything on black & white. Believe me if you have not done anything wrong, nothing wrong will happen to you and your family.

BTW Which CAW cell is this?

All the best !

 
Reply   
 

Thanks for the advice @Varun.

I just want to be very sure that I can't be forced to give something in writing before knowing what the complaint is and what are the istridhan or articles demanded by my wife. Is there any ruling or something that I can take alongside to tell the IO that I can give something in writing once they furnish all the complaint details to me. I'm paranoid about this because I don't want to write something without fully knowing the repercussions and repent later. Especially, because my FIL is a person of money and has the capability to get people on his side by virtue of the same.


Actually, me and my family have done something wrong. Here is what we did:

- We had faith in the girl so when for the first time she left for her father's house, she left with all the jewellery kept at matrimonial house (istridhan) and we didn't knew about this until later. So if she asks for this istridhan again, we are screwed because she has everything and would pin the blame on us. Now how do we fight against 406 when she has already taken it and asking for it again?

 

@Varun, have PM you the CAW cell name since I don't want much to be available in public domain.

 
Reply   
 

Originally posted by : AjayKumarSharma


Thanks for the advice @Varun.

I just want to be very sure that I can't be forced to give something in writing before knowing what the complaint is and what are the istridhan or articles demanded by my wife. Is there any ruling or something that I can take alongside to tell the IO that I can give something in writing once they furnish all the complaint details to me. I'm paranoid about this because I don't want to write something without fully knowing the repercussions and repent later. Especially, because my FIL is a person of money and has the capability to get people on his side by virtue of the same.


Actually, me and my family have done something wrong. Here is what we did:

- We had faith in the girl so when for the first time she left for her father's house, she left with all the jewellery kept at matrimonial house (istridhan) and we didn't knew about this until later. So if she asks for this istridhan again, we are screwed because she has everything and would pin the blame on us. Now how do we fight against 406 when she has already taken it and asking for it again?

 

@Varun, have PM you the CAW cell name since I don't want much to be available in public domain.

 

There is no as such ruling regarding this. they cannot force you to write anything and everything on a piece of paper. As far as I know and seen myself at CAW cell, the girl side will have to produce the jeweller's bill to claim the stridhan, Even in 406, normally the claims are exhorbitant and court ask for the bills as part of proceedings.

If you do not have any stridhan in your custody tell this to IO and handle the situation accordingly. You can ask IO to provide the complaint copy else get it via RTI.

BTW CAW cell complaint is the beginning of 498a !

 
Reply   
 

Hi Ajay,

We have gone thru  CAW cell in2012. MY DIL had involved me my husband and my son , we are otherwise only three members.

I have not gone to CAW cell ever. MY husband and my son went to CAW cell all thru.

On the first date we were made to wait  from 2pm till 6pm.  Since the DIL had  influence in women cell -theu were made sit in a cabin and were being offered tea  and samosas.  At  t 6 pm almost   most of the office was empty - IO asked my son about the case but we were not given copy of the complaint.  After coming out one of the staff came to meet my son and offered help demanded some; money and  referred to some room next day  pay Rs ... and you will get a copy of the complaint.

Now they have filed Charge sheet against us inspite of the fact that do not have any bills with them.  The girl says everythng was gifted to her from  our side and relatives of hers,

In case you need  to know more you can contace me on my e mail Kan_Mad2002@yahoo.co.in

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu