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HK_Jain... (498a Fighter)     05 May 2012

Please clarify

Dear

Experts

Is it necessary to attend CAW after filling divorce?

How IO of CAW generally react when it does?or what action he take as CAW is recoliation center and respondent had already cleared his intention?



Learning

 8 Replies

Vishwa (translator)     06 May 2012

The CAW's are generally manned by drunken lout type potbellied male cops and dyke type female officers. They are in principle and by definition prejudiced against you and are most likely to threaten you and humiliate you in order to make you sign agreements against your basic interests. They have no training or tact required for solving delicate matrimonian discords. I would avoid them in all circumstance and go there only if I am handcuffed and dragged in by force.

Anjuru Chandra Sekhar (Advocate )     06 May 2012

@ Vishwa : "They have no training or tact required for solving delicate matrimonian discords." :) Well settled.

Vishwa (translator)     06 May 2012

Thank you Chandrasekhar! Very often they adopt bullying tactics to make the man accept a compromise decided by them. If, on their urging, someone takes back a violently disturbed spouse and if this lady commits or attempts suicide in the next week, the poor chap will be in deep trouble - while the CAW will continue to show one more sucessful compromise.

They are callous and arrogant. They are not averse to taking bribes from either party. I wonder if any person in this forum has any good things to say about the CAW cells.

Vishwa

HK_Jain... (498a Fighter)     06 May 2012

Sorry to say but my question was so simple

 

Is it necessary to attend CAW after filling divorce?

Generally what they do in this scenario?

 

I am still waiting for a answer.

 

cm jain sir (ccc)     06 May 2012

CAW will file case if your wife pressurise them or bribe them. so it depends upon the behaviour of ur wife. since u r sure that there will be no compromise then u just submit the copy of ur divorce petition and dont attend any meeting in caw. It is not mandatory. there is Delhi high court judgement on this also. pls see below:

 

IN THE HIGH COURT OF DELHI AT NEW DELHI

10.08.2007

Present: Mr. Keshav Kaushik, Advocate for the petitioner.

Ms. Mukta Gupta, Standing Counsel for State with

Ms. Rajdipa Behura and Mr. Akshai Malik, Adocates

W.P. (Crl.) No.1032/2007 and Crl.M.A.No. 8989/07

It is stated by the counsel for petitioner that CAW Cell was

threatening the petitioner for appearance. It is made clear that CAW Cell has

no authority to secure the presence of any person either by coercion or by

threat. CAW Cell is only a conciliatory body where efforts are made for

conciliation with the free will of the parties. If any person is not willing to

go to CAW Cell, he cannot be compelled. It is also directed that CAW Cell, in

future, instead of issuing summons to the parties shall send request letters

asking them to appear for the purpose of conciliation and not for the purpose of

investigation. The petitioner is at liberty not to appear before CAW Cell. No

threat or coercive steps shall be taken by the CAW Cell.

No further direction can be given by the Court in respect of respondent

No. 5, who according to the petitioner has refused to accompany him. It is

alleged that she was living under the influence of her parents. Earlier when

she appeared in this Court, she was living with the petitioner. She refused to

meet her parents at that time. If the respondent is such an immature lady that

when she comes under the influence of petitioner, she refuses to meet her

parents and next time when she comes under the influence of her parents, she

refuses to meet the petitioner, the Court cannot help the petitioner.

The petition is disposed of in above terms.

August 10, 2007 SHIV NARAYAN DHINGRA, J.

vn

A-77

 

Anjuru Chandra Sekhar (Advocate )     06 May 2012

Divorce is filed under Hindu Marriage Act.  Divorce is not a "criminal proceeding".  In a Divorce proceeding also under HMA the Court can refer the matter to any person named by the parties in this behalf or to any person nominated by the court if the parties fail to name any person, with directions to report to the court as to whether reconciliation can be and has been, effected.  But this is not a criminal proceeding to be conducted by CAW.  If there is any criminal case filed against husband then CAW comes into picture.  Divorce has nothing to do with CAW.

cm jain sir (ccc)     07 May 2012

@chandrashekhar,

He has filed divorce and the lady is tying to file 498a.

1 Like

HK_Jain... (498a Fighter)     07 May 2012

Thanks CM Sir


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