Complaint at caw- what next?
Querist :
Anonymous
(Querist) 05 December 2011
This query is : Resolved
Dear Experts,
About a year ago. When I went to bring my wife back from her parents home, she complained in writing to the CAW at Indore of harassment by me and my mother. It is a false case. The truth is that she and her mother and sister believe that I practice black magic on them to make them suffer. Again this is a baseless allegation.
At the CAW, though the Woman officer understood of the motive behind the complaint, under the prevalent circumstances, I was forced to sign a statement saying that I will not communicate with my wife in future unless she initiates it. We have a son of 6 years now and in my custody. My wife does not care to even talk to our son over phone. I have tried through her father, brother and her maternal relatives to establish communication and bring her back. But they do not even entertain a discussion on it. Her mother, her sister and her sister's husband, all are blocking my efforts to reach her. She switched off her own phone permanently and no response to letters and legal notices. They even do not allow my son to talk to his mother when he tries to call his mother over phone. My wife is now a follower of Brahmakumaris.
There was no investigation done by the CAW police after the complaint. They did not proceed further.
Can I now ask the CAW to conduct investigation and bring out the realty? Though I am not sure what they can conclude. Is there some way, legally, my son get access to his mother.
Thank you !
V R SHROFF
(Expert) 05 December 2011
You issue Notice through u your Advocate to her, that your son desires to met you, and ask for anointment, place date and tie to Visit, offering her travelling & incidental expense for the same.
This will keep on your record your bonafide, and her refusal to see her own son.
After 15 days send another reminder to he, with request to allow the son to see her.
After another 15 days, You send the copies of both the Notices to CAW, informing this fact, and take action against her for cruelty against young son.
It is also a crime. So you can Complain Police, her act of deserting her son.
Raj Kumar Makkad
(Expert) 05 December 2011
The advice of the shroff doesn't seem practical.
You can file a petition of RCR if you want to reside with her and divorce petition after a separation of 1 year if you want to get rid of such lady.
Nadeem Qureshi
(Expert) 05 December 2011
Both the Ld. Friend's opinion is right, if you think fit then follow
prabhakar singh
(Expert) 05 December 2011
Apart from remedies like RCR or DIVORCE making a case step by step on truthful ground
may prove beneficial in your circumstances,hence do not discord opinion of Mr. V R SHROFF just in name of a little more pain because court proceedings are always harassing either you go this way or that way.
Hence I see some more sense in the advise of Mr. V R SHROFF.
Rajeev Kumar
(Expert) 05 December 2011
All experts expressed view are so fruitful. Follow the advise according to your wish
Querist :
Anonymous
(Querist) 06 December 2011
Dear Experts/Sirs, Thank you all for your time and suggestions. I did go for RCR but there was no response from her. The unfortunate side is that she really believes that I have done some black magic on them. This is because of lies and brainwashing by her mother and sister.
What section of law states about this crime of desertion by a mother? Please elaborate.
Shonee Kapoor
(Expert) 06 December 2011
If you have filed RCR and she is not responding, proceed with ex-parte RCR. After One year of decree of RCR, divorce would be easy.
BTW, what about the child. When mother is not bothered, why are you bothered or you want to handover the custody of the child to the mother?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
