RAGHAVVVVV (OP) 11 September 2010

VERY URGENT/Caw cell

Dear all experts

My wife has filed a false case against me in crime against women cell,delhi.

Sir/Madam. I am posted in Ahmedabad as i am a officer in Bank.I got a notice from CAW requesting me to appear for reconciliatory proceedings.But due to my job and not availability of leave i could not attend the CAW on said date. My father appeared before CAW cell instead of me.The Investigating officer told my father that your son will have to appear before CAW cell and record his statement before me so she gave next appearance date as 20-9-2010.She will send another notice to me in GUJARAT through SSP office,gujarat.She also told that your son has to come every week on each date.Sir ,Problem is that i have no leave left in my account and also it will be very costly and painful for me to come after every week in Delhi.Sir ,My wife and my in-laws are very shrewd people and they know that I can't join CAW cell frequently that is why they are harassing me by filing complaint against me in CAW cell.

Please advice whether is this mandatory for me to appear before CAW cell.?

If my father appears instead of me ,IS this not enough?

Can i give them my statement in written stating my points and send it by post?WIl that be not enough?

Please also advice what are the powers of CAW cell?

Please help me ALL experts?

With warm regards and thanks

RAGHAVVVVV

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 11 September 2010

If you remained absent to appear before shell, they will refer to the court. They cannot pass any order against you.

H. S. Thukral (Lawyer) 11 September 2010

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. You write to the officer who is asking you to come, your difficulties and also your version in writing. If situation persists you can file a writ petition in DHC for appropriate relief.

Adesh Kumar Sharma (Senior Associate Lawyer) 11 September 2010

Mr. Thukral is right. You can not be compelled to appear before CAW Cell. The CAW cell has only authority to recommend the case for regsitration of an FIR in conceliation get failed. If you cud know that your case has been reffered for registration of an FIR then you can approach session court for anticipatory bail.

You can not be compelled to appear if you are not willing to reconcile your matter. You take help of some lawyer to that you wud not entrap yourself into a truble.

Thanks

JAGJIVAN TUKARAM BHEDE (Advocate) 16 September 2010

If CAW cell couldn't giving the wife's statement and without her statement have given 'free will' judgement hows it transperent? can we complaint about not giving the written statement of wife against her husband?