Right of caw cell
Rakesh Malik
(Querist) 12 August 2013
This query is : Resolved
Sir on 21 Aug 2013 CAW have called me. On Jan 5, 2013 my wife made a complaint in local police station. The complaint was for dowry and harassment. But the complaint was closed on 2nd Feb 2013 by SHO of local police station and no action taken against as my father in law and brother in law has given written statement in local police station to SHO that her in laws of her daughter never demanded dowry and there was no type of harassment.
I have got the decision copy of the local police in my case through RTI and I have my father in law statement copy as well.
Can I produce these copies of local police station and my father in law statement in CAW cell to avoid registration of FIR under 498?
Regards
Raj Kumar Makkad
(Expert) 12 August 2013
You can definitely use the statements and the closure report of police station before CAW Cell.
Devajyoti Barman
(Expert) 12 August 2013
You can submit but then also the case u/s 498A may start.
Rakesh Malik
(Querist) 23 August 2013
Sir we went to CAW cell on 21 Aug 2013. There I provided the call recordings of my wife and her boyfriend. The IO of my case told that as I have sufficient evidences against my wife perhaps no case under 498A will be registered and he will take legal opinion.
Please let me know how much it will be advantage for me if no case under 498 A gets registered in my divorce case. I also want to know will it help me if I get clean chit from CAW cell if my wife files 125 for maintenance. My wife lived in my home only for one month after marriage and she was earning more then me before marriage. Now she is not earning. She is MBA.
Raj Kumar Makkad
(Expert) 23 August 2013
Let CAW cell officials take their final decision. The final verdict shall definitely affect the parties. In case the charges are set aside and you are exonerated therefrom, it shall adversely affect all future actions of your wife.
Devajyoti Barman
(Expert) 24 August 2013
Yes, wait for decision of CAW cell first.
If it comes in favour then it can go a long away to save you from her future prosecution.
