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jaig   31 May 2016

Caw cell meeting query

I am in the prior stage of 498A and criminal cases (curently DV going on), I'm attending CAW cell firs time for her complaint. So have some queries:

I know CAW cell is optional yet I want to go to just listen out to her price which she has set for my freedom, and show I that respect the CAW cell efforts. My questions are what happens in CAW meetings, specially :

[1] Does the CAW police officer supervises the meeting ? - does he/she verballly charge me with the allegations (ther is already a DV case I'm fighting on merit, I don't wanto discuss the same outside court) or just request to patch up ? What exactly is the role and scope of the CAW officer, the talk takes place between me and wife or officer as well ?

[2] Do the husband and wife have to sit together there ? And have to talk to each other trying to reach a settlement ? (I need to be mentally prepared to face my abusive wife after years)

[3] Who else can be present there, is it a open police station ? Can the parent/father/mother of wife be present and participate in the conversation ? In that case can I refuse to talk to them and request the presence of only my wife ?

[4] How are the subsequent dates adjusted ? I heard it's generally every 2-3 weeks, but I'm an NRI can I request subsequent dates 3-4 months later ?



Learning

 8 Replies


(Guest)
  1. Officer will start off talking with you in rough tone. If you respond calmly and with confidence he knows that you cannot be manipulated, he backs off. He may ask you to sit together with wife and resolve matter or they may have different rooms with IO going back and forth. The officer has to do things as per wife's wishes, not yours. 
  2. Yes, you will be face to face with your wife and her parents for some moments atleast. In front of wife, IO will be stern with you. He will use authoritative tone, "Why have your parents not come? Why you have been beating your wife?". Once wife leaves, the officer becomes relaxed and will chat with you like a buddy.
  3. You can take other members of your family if you want. They may allow inside or may ask to stay outside. Wife can bring anyone inside. The process is run as per her wishes. You can refuse to talk to anyone at any time. Best strategy is to listen, ask questions, and read between the lines. Ask questions about specific allegations, documents , evidence like bills of dowry items, doctors report, bank statements of father in law etc. Ask these politely and with a sense of curiosity. Its a great opportunity for you to learn what prosecution story will look like. Learn how wife and her parents may respond to typical questions in cross examination. You can also get read on their frustration level, what they are actually hoping to get out of process. Your mission is to gather as much information on these points as possible. Make sure you ask for a copy of her complaint. You can take a RTI form with you to get the same, if they refuse to provide. Don't waste a single second in trying to prove your innocence in CAW cell. Your defense strategy should be very close to your chest. If you have clinching evidence of something, they should never know about it or have any hints. Let them guess what defense you will make, they will make fatal mistakes in their case if they have zero clue of your defense.
  4. Regarding dates... tell IO about your travel limitations, but he will give dates as per wife's wishes. Before next date send letter that you cannot attend and ask for another date. You can also call IO, he will happily give another date. CAW attendance is not compulsory and cannot be forced. 
  5. Wife and her family are usually scared of making demands openly for big amounts of money - it leaves them exposed to extortion cases - they may also feel dirty making such demands. They will spell out demand indirectly through the IO or your lawyer. 
  6. In some cases there will be no demand, this means they have zero clue of what the heck they want. Someone told them that file a dowry case and just see how husband falls at your feet. They bought into this dream and now they are seeing the reality. 
  7. In some cases, the wife simply wants revenge for some imagined offense. She feels great joy to know that you have arrived in police station based on her false complaint. Once she sees you smiling, shaking hands with IO, sitting confidently, discussing facts, evidence, documents - the joy vanishes and she returns home thinking about what mess she has gotten herself into, such thoughts are usually accompanied with a feeling of burning red chillies in all the wrong places.  
1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     31 May 2016

Attend the first call at the CAW cell without any fear,no harm will be done to U.Just deny all the allegations that are mentioned in the complaint.Don't get carried away if the questionere is harsh and just answer to the point.

1 Like

jaig   01 June 2016

Thank you autohise for the detailed reply.

There is a DV case going on where she alleged DV on her asking protection order. Can I cite this case and request no direct one-to-one talk with wife unless she is accompanied by her assigned protection officer ? Also should I do it ?

Thank you for giving the confidence. I have nothing to fear, but also I dont want to sound too confident or determined and let the CAW process linger for 5/6 months before it goes to 498A, so I get enough time as I am taking transfer to India soon to fight the cases. I'll just let them run the show and pretend to be a harmless pliable husband on the verge of succumbing :)

About the prosecution story they already presented a story in DV and I submitted my reply with evidences which disproves most of those... I don't know what new story they'll invent.

T. Kalaiselvan, Advocate (Advocate)     04 June 2016

Another  offensive  step  taken by the wife is a complaint with CAW;

This is another mediation session in books however generally the CAW cell mostly prevail upon and dictate terms in favor of the women thinking that all the injustices are done by the men alone and the women are totally innocent and are subjected to all kind of cruel acts.

The CAW officials will refuse to listen to expressions made by the actual aggrieved person, i.e., the husband instead will talk as if they are the custodians of law and will be hell bent on getting the cruel women accomplish their vengeful acts agaisnt their husbands and in laws. 

You do not have to be worried about such skirmishes and threats.  You can refuse to budge to all the type of pressures they may put on you.  Refuse further mediation and get out of the place, apply for AB if CAW is going ahead with their plans to register FIR and challenge the case during trial proceedings.

 

1 Like

(Guest)
CAW cell(police) is not optional,you must appear in front of them in case of summon,it may include your family if your wife complains on them but it is not true that they will side towards your wife.She has to give evidence in front of them that you are guilty and you will be asked to return her dowry money or items if you have taken any.If you try to defend yourself despite evidence if there is any you will be booked under anti dowry law.I think they will record both your's and your wife's statements and you won't be allowed to intimidate her.This is quite lenient as CAW cell is mainly meant to make wife live with her husband but some cases are serious beyond repair and the man is sent to jail.

jaig   12 June 2016

Thaks Mr. Kalaiselvan for the answer.
To "Member (Account Deleted)", I think CAW cell is not mandatory, but it is also true that not attending will lead registration of FIR. If one is ready for 498A it he can be absent there.

 

I have gone there - nothing happened, wife herself was absent as we already had one mediation in court (in vain), she took another date, which I further postponed. The main CAW officer was lenient towards me as wife was absent and after hearing the settlment amount asked by her, he was just following protocol and explained to me how it works - husband runs after CAW cell for dates, which in turn runs after the wife for dates. If husband is absent two consecutive dates FIR "can be" registered.

 

And yes I did left an intimidating message for wife to the office himself, very politely : Sir I might not come again here, please tell my wife that not all hunbands compromise at end, so if she dreams of 2nd marriage she should take her next step wisely. Officer was smiling ....

 

He asked me fie RTI to get copy of the complain, but he also let the 1.5 page complant open on the table and talking to others giving me enough time to go through it and I took a photo without asking him, I think he also saw me taking photo. The content was mostly crap, the same vague rantings of wife ... no mention of dowry or any specific incidence. RTI would be waste of time for it.

 

CAW was overall a funny experience. In the next table another girl with her mother was lamenting,.. her husband beat her made her abort twice etc.. the other CAW officer was listening to her with a half-asleep half-sad face, the girl was crying and as soon as the officer left the room, her crying vanished and she started eating peanuts throwing into her mouth.

jaig   12 June 2016

Rightly advised by Mr. Kalaiselvan, I am applying for AB and will stop attending CAW once I get AB, if the FIR is still not registered by then

jaig   14 June 2016

very cogent advice by Adv. Gonjare. I will go for RTI.

Thanks.


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