Wife filed maintenance case but no divorce case


Hello Friends,

 

Need Help.

 

Got married around 8 months ago. My wife left my home 3 months after marriage without any reasons. Now:

1.      She has filled complaint in CAW Cell for which mediation is going on from last 3 months.

2.      She denied on the 1st day to return back to my home. She insisted in only getting back all her items.

3.      The list submitted at CAW Cell is all with false items list.

4.      She has also filed for maintenance case for which date is next year.

5.      She didn’t file for divorce case yet.

 

It looks from her intention that she just aims to get her items with false list back. She wants maintenance but no divorce.

 

1.      How to proceed further now?

2.      Is there a way to put a stop at CAW Cell as they were very woman biased and don’t listen to us? How can we bring the items which we don’t have?

3.      Can we file a divorce case? Is there any negative point in filling a divorce case by boy’s side

4.      It looks I will be continuously paying her maintenance if agreed by court next year and there would be no divorce case

5.      How to fight with a girl who only wants item, money and no divorce?

 

Please help, I am very young and my whole career will be at sake. My full family is very disturbed.

 

I fear my wife don’t want a divorce but only money!!!

 

 
Reply   
 
engg

My friend  Divorce can be filed after 1 year of marriage only.

not before that. Hence she may not filed yet.

but She will not file in future, she will put pressure on you file the same Divorce case and ask for Maintenance, or may file any FIR of false case. Definetly harras you and your family.

Bhai keep calm do not over react. get a loyal lawyer, lawyer many times cheats on us,(talking about our appointed lawyer)

and read 41a procedure for police investigation or how to follow after any complaint in CAW cell by wife. 

 
Reply   
 


LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

Dear Author,

No need to worry. tell me about ur qualification n ur wife''s. Besides that tell me whether she is working or not, if not, then tell me previously she had worked anywhere or not?

besides that no need to afraid from CAW Cell. Go through this:- 

The powers of and procedure to be followed by CAW Cells

5 Jul2010by videv Leave a Comment

Here are some judgments extracts from Delhi High court giving useful information about the powers and procedures of Crime Against Women (CAW) Cells.  The interesting thing is that in all judgments the high court says that CAW is supposed to do reconciliation.  Well in that case they should change the name to something else.  Because implicitly a complaint in CAW cell will be treated as crime done by someone against a woman (read wife).  After all it is all there in the name.

In Raj Kumar Khanna v. The State (NCT of Delhi) and Ors.; 2002 (1) JCC 327, The Hon’ble Delhi High Court has held that Police Headquarter framed the procedure to be followed by the C.A.W. Cell with the intention of preventing abuse of the process of law but in this case policecommitted abuse of the process established by its Commissioner. No attempt was made to resolve the difference between the spouses or no efforts were made to bring about amicable settlement for which purpose Crime against Women Cell was created. 
This cell is meant to safeguard the marriage and not to ruin it by registering case immediately on the asking of the complainant.
 Once an FIR is registered it becomes difficult to solve matrimonial tangles and things reach such a pass that it cannot be restored back.

In Crl. M. No.9052/2007 and W.P. (Crl.)1045/2007, the Hon’ble Delhi High Court on 13/8/2007 has held that this petition has been filed by the petitioner with a prayer that the conversation recorded by the petitioner between his father and the father of the respondent should be heard by the CAW Cell and should be made part of the investigation. The Hon’ble Court has held that it considers that CAW Cell has no power to investigate the crime. 
It is not a police station where First Information Reports get registered. 
Investigation in any crime can be done only after registration of FIR. CAW Cell only makes reconciliatory efforts between the parties that also up to the stage of pre- registration of FIR. The investigation can also be done by CAW Cell if it is referred to it after registration of FIR.
 Since no FIR has been registered in this case, no directions can be given to CAW Cell for investigation. The petition is infructuous and is hereby dismissed.

In W.P. (Crl.) No.1032/2007 and Crl.M.A.No. 8989/07 on 10.8.2007, the Hon’ble Delhi High Court has again held that 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 it 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.

The Hon’ble Delhi High Court has held State. Crl.M. A. No. 8813/07 in 
W.P.(Crl.) No. 1009/2007. The parties were referred to CAW Cell where CAW Cell after making enquiries, came to the conclusion that it was not a case of cruelty or harassment on the part of the husband. The CAW Cell recommended a Closure Report saying that no case is made out against the husband or family of the husband. After this recommendation, respondent no. 
2 made an application under Section 156(3) before the learned Metropolitan Magistrate. Learned Metropolitan Magistrate without giving any reason as to why he considered that a case was made out, ordered for registration of an FIR. I consider that it is a fit case where operation of the order can be stayed. The operation of the order dated 3rd August, 2007 wrongly mentioned as dated 30th July, 2007 is stayed. Trial Court record be called.

Delhi HC Defines Powers Of The CAW Cell

Published August 12, 2007 498A abuse  498a judgments  498A misuse  Arrest  CAW cells Crimes Against Women  Crimes Against Women Cells  Delhi High Court    DVA Act Feminism  Links To Sister Sites  NCW  RTI  Shiv Narain Dhingra  SN Dhingra31 Comments 

Here are several judgments by Justice Dhingra since his return. He clearly defines the powers of the Crimes Against Women (CAW) cells and maintains that the proceeding before the CAW cell are reconciliatory and voluntary only. The CAW cells have no power to take coercive action. The proceedings of these cells are not judicial or quasi-judicial nor can they issue summons to appear before it. That power remains with the judiciary. With these judgments, Justice Dhingra has effectively ended the tyranny of these corrupt CAW cells.

Here is the news from the Tribune.

There is an earlier judgment about the CAW cells, again by the Delhi HC.

Here is the judgment:  Jasbir Kaur Vs State, Delhi HC – 2006.

I quote:

“Police Headquarter framed the procedure to be followed by the C.A.W. Cell with the intention of preventing abuse of the process of law. But in this case police committed abuse of the process established by its Commissioner. No attempt was made to resolve the difference between Manoj Kumar and respondent No.5 nor efforts were made to bring about amicable settlement for which purpose Crime Against Women Cell was created. This cell is meant to safeguard the marriage and not to ruin it by registering case immediately on the asking of the complainant. Once an FIR is registered it becomes difficult to solve matrimonial tangles and things reaches such a pass that it cannot be restored back”

Here are some articles about CAW:

·         Cell for Crime Against Women

·         Training Workshop for Police Personnel By Delhi Commission For Women. Please read the recommendations for the CAW cell. They are asking for the disbandment of the CAW cell.

·         Confusion about the powers of the CAW cell

·         Looks like the Chandigarh police have gotten it right

Finally, here are the short and concise judgments of Justice Dhingra on the Delhi CAW cells.

NOTE: I thank the volunteer from Delhi who has been helping me with gathering these judgments.

_________________

IN THE HIGH COURT OF DELHI AT NEW DELHI

13.08.2007

Present: Mr. Vinay Singh, Advocate for the petitioner.

None for the respondent.

Crl. M. No.9052/2007 and W.P. (Crl.)1045/2007

This petition has been filed by the petitioner with a prayer that the conversation recorded by the petitioner between father of the petitioner and the father of the respondent should be heard by the CAW Cell and should be made part of the investigation. I consider that CAW Cell has no power to investigate the crime. It is not a police station where FIRs are registered. Investigation in any crime can be done only after registration of FIR. CAW Cell only makes reconciliatory efforts between the parties that also up to the stage of pre- registration of FIR. The investigation can also be done by CAW Cell if it is referred to it after registration of FIR. Since no FIR has been registered in this case, no directions can be given to CAW Cell for investigation. The petition is infructuous and is hereby dismissed.

SHIV NARAYAN DHINGRA, J.

August 13, 2007

______________________________

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.

SHIV NARAYAN DHINGRA, J.

August 10, 2007

____________________________

IN THE HIGH COURT OF DELHI AT NEW DELHI
07.08.2007
Present: Mr. Tarun Sharma, Advocate for the petitioner
Ms. Mukta Gupta, Standing Counsel for the state with
Mr. Ahshal Mehtra, Advocate
W.P.(Crl.) No. 1009/2007

Issue notice of the petition to the respondents returnable for 17th January, 2008. Notice is accepted by the Standing Counsel of the State. Crl.M. A. No. 8813/07 in W.P.(Crl.) No. 1009/2007.
The parties were referred to CAW Cell where CAW Cell after making enquiries, came to the conclusion that it was not a case of cruelty or harassment on the part of the husband. The CAW Cell recommended a Closure Report saying that no case is made out against the husband or family of the husband. After this recommendation, respondent no. 2 made an application under Section 156(3) before the learned Metropolitan Magistrate. Learned Metropolitan Magistrate without giving any reason as to why he considered that a case was made out, ordered for registration of an FIR. I consider that it is a fit case where operation of the order can be stayed. The operation of the order dated 3rd August, 2007 wrongly mentioned as dated 30th July, 2007 is stayed. Trial Court record be called.
Dasti.

SHIV NARAYAN DHINGRA. J.

August 07, 2007

_________________

Here is the second judgment:

IN THE HIGH COURT OF DELHI AT NEW DELHI
07.08.2007
Present: Mr.R.P. Yadav, Advocate for the petitioner.
Ms. Rajdipa Behura, Advocate for the State.
W.P. (Crl.) No.849/2007
Justice Shiv Narain Dhingra

This petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C has been filed by the petitioner for dropping of proceedings pending before the CAW Cell, Amar Colony against the petitioner and his family members on the ground that the complainant wife has already made a complaint under the provisions of Domestic Violence Act in the Court of learned Metropolitan Magistrate, Patiala House Courts. Her allegations made before the Metropolitan Magistrate and CAW Cell are ditto.
CAW Cell is an agency created to make efforts for reconciliation between the families before initiation of criminal proceedings on the complaint of the wife. The petitioner is at liberty not to appear before the CAW Cell. No coercive action can be taken by the CAW Cell, compelling an unwilling person to put in appearance before it. CAW Cell can conduct proceedings only where both the parties are ready and willing to join the proceedings voluntarily.
I consider that there is no reason for the Court to pass any order in respect of proceedings before the CAW Cell as these proceedings are not judicial or quasi-judicial nor proceedings in the investigation of the crime. They are only reconciliatory proceedings. The petitioner is at liberty not to join the proceedings before CAW Cell.
In view of the foregoing discussion, this petition is not maintainable and is hereby dismissed as such.
Dasti.
SHIV NARAYAN DHINGRA. J.
August 07, 2007

 

Feel free to call me if needed  

 
Reply   
 
LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

besides that, if u want, then u can file a petition for restitution of ur conjugal rights, u/s 9 HMA.

 
Reply   
 
Advocate/ nadeemqureshi1@gmail.com

Dear Querist

My opinion on your queries are as under:


1.      How to proceed further now?

Opinion: First of all file a written reply on the complaint filed by your wife before CAW cell along with the list of article which you have possessed.


2.      Is there a way to put a stop at CAW Cell as they were very woman biased and don’t listen to us? How can we bring the items which we don’t have?

Opinion: The CAW Cell have only power to refer the case for registration of FIR before DCP/ACP otherwise not.


3.      Can we file a divorce case? Is there any negative point in filling a divorce case by boy’s side

Opinion: Yes, you may file a divorce case, if you think that you are unable to live with her now on the ground of cruelty, filing false cases and complaint is also amount to cruelty. there is no side effect for filing the case by your side first.


4.      It looks I will be continuously paying her maintenance if agreed by court next year and there would be no divorce case

Opinion: Read Section 125 of Cr.P.C care fully, if there is no ground for maintenance then the court may dismissed her petition, as if she is able to maintain herself, there is no sufficient reason to left your company or living in adultery.


5.      How to fight with a girl who only wants item, money and no divorce?

Opinion: Fight the case on merit with the help of lawyer, if you think that you are no able to fight the case yourself.


Feel Free to Call



Total likes : 1 times

 
Reply   
 

Hello Friends,

 

Thanks for your good and swift responses.

 

At the moment, I’m looking for a good lawyer in NCR region.

 

Can someone suggest a lawyer based on one’s past personal experience or knowledge? I’ve searched a lot on Internet but couldn’t decide whom to consult. I need justice but I ‘m afraid that some lawyers will just make it a money business and just drag my case or once they take the money they don’t take interest or want more as the same I heard from someone who had have faced such a situation.

 

I request all current / past victims if they can suggest a decent lawyer who is reliable and knowledgeable and works for customer satisfaction.

 

Thanks again!!

 

 
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Posted by: Nitish Banka  Categories: Criminal Law Landmark Judgements 
 

 

How to Fight False Dowry and Maintainence case in India

Brief of false cases your wife can file and reason why wife files false cases

In India the matrimonial laws are misused more often than to be used by those women who have genuine concerns.

The number one reason why wife opts for false dowry cases against her in laws  is Money. If wife is selfish and instigated by her family the wife choose to live a life sucking savings of husband by harassing husband family and under pressure a husband bow down to the pressure and pay maintenance or settle with wife with an exorbitant package.

The second reason is bad mental health if wife has bad mental health or mentally unfit then also she can opt in for false dowry cases against husband making the life of husband miserable and unbearable.

Family issues If wife wishes to reside separately from husband and by filing such cases the wife wants to put pressure on husband to move out from husband family.

Image result for false cases

Strategy to Fight False Cases

Strategy to fight False 498a case

Consider Quashing of 498a

498a Quashing-How to Quash?

These days its quite an easy tasks for women to register a FIR by attributing allegations of cruelty and a case is registered and thereby the husband and his family members has to go harassment and torture. Now one remedy is available for them which can relieve them from all the harassment and torture and that is quashing of FIR under 482 CrPC. But this remedy is generally very sparingly and rarely exercised by the courts. Generally allegations of cruelty are mentioned in the FIR and based on this FIR is lodged but sometimes police forgets that in the cases of 498a general allegations of cruelty does not stand, the allegation must qualify either of the two parts as envisaged in section 498a.

Image result for 498a quash

First part is that the harassment which can be physical or mental is of such a nature that it could cause women to put her under grievous hurt or she may even commit suicide based on such harassment, therefore only gravest form of harassment are covered, but less graver form of harassment can be used in civil suit for divorce. if the FIR does not satisfy this ingredient the Fir can be quashed as held

In Nagawwa v. Veeranna Shivalingappa Konjalgi, (1976) 3 SCC 736, it was held that the Magistrate while issuing process against the accused should satisfy himself as to whether the allegations made in the complaint, if proved, would ultimately end in the conviction of the accused. It was held that the order of Magistrate for issuing process against the accused could be quashed under the following circumstances: (SCC p. 741, para 5)    “(1) Where the allegations made in the complaint or the statements of the witnesses recorded in support of the same taken at their face value make out absolutely no case against the accused or the complaint does not disclose the essential ingredients of an offence which is alleged against the accused; (2) Where the allegations made in the complaint are patently absurd and inherently improbable so that no prudent person can ever reach a conclusion that there is sufficient ground for proceeding against the accused;
(3) Where the discretion exercised by the Magistrate in issuing process is capricious and arbitrary having  been  based  either  on  no  evidence  or  on  materials  which  are  wholly  irrelevant  or
inadmissible; and (4) Where the complaint suffers from fundamental legal defects, such as, want of sanction, or absence of a complaint by legally competent authority and the like.”

Shakson Belthissor vs State Of Kerala & Anr on 6 July, 2009

In order to understand the meaning of the expression `cruelty’ as envisaged under Section 498A, there must be such a conduct on the part of the husband or relatives of the husband of woman which is of such a nature as to cause the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical of the woman.

Therefore if prima facie the charge sheet or FIR does not disclose an offence under section 498a the court can quash

Strategy to Reduce Maintenance Case filed by wife

Interim Maintenance Reduced Judgments

Here are some judgments in which the Interim Maintenance was reduced-:

Mohd. Zafarullah Khan vs Yasmeen Khan And Ors. on 3 November, 1989

11. Now on facts, the wife is working as a beautician and earning something. So far as the minor daughters are concerned, the petitioner has earned a huge amount staying in foreign countries and it is not difficult for him to pay at least Rs. 500/- per month to each of his daughters according to the status of the minor daughters which they enjoyed prior to the separation of their parents. It is the common ground of the wife that the husband is screening the properties while the husband pleads that he has to maintain his old parents and unmarried brothers and sisters. Having regard to the facts and circumstances of this case and considering the potentialities and status of the parties, I think Rs. 500/-per month each to respondents 2 and 3 would be the reasonable amount towards their maintenance pending disposal of the suit.

12. The order of the lower Court granting Rs. 2.000/- per month to the 1st respondent herein for a period of 3 months i.e., Iddat period as interim maintenance, is set aside as the same has to be determined after a full dressed trial at the time of the final disposal of the suit. The interim maintenance granted to respondents 2 and 3 is reduced to Rs. 500/-per month each.

Image result for interim maintenance reduced

11.In the facts and circumstances of the case and arguments advanced by the learned counsels on either side and on perusing the impugned order of the learned Judge, this court is of the considered opinion that the maintenance amount of Rs.3,000/- granted by the trial Court without ascertaining the income of the petitioner is not justified. Further, the learned Judge awarded Rs.15,000/- as litigation expenditure, which is also on the higher side. As per counter statement filed by the revision petitioner it has evident that he is earning Rs.6000/- per month. Therefore, this court grants a sum of Rs.2000/- as monthly maintenance to the respondent/wife payable by the revision petitioner from date of interimmaintenanceapplication i.e., 02.06.2010 till date. Further, this court reduces the litigation expenditure payable to the respondent/wife from Rs.15,000/- to Rs.7,000/-. The said amount shall be paid by the revision petitioner within a period of one month from date of receipt of this order, as this is found to be fair and justifiable. This court further directs the learned Subordinate Judge, Karur to dispose of the H.M.O.P.Nos.129 and 139 of 2009 within a period of three months from the date of receipt of this order, without being influenced by the discussions of this court.

 

The evidence in the case shows that the husband has got only a monthly income of Rs. 623/-. The Court has awarded Rs. 300/-as interim maintenance to the wife and child. I feel, in the circumstances, the husband should not be compelled to pay an amount of Rs. 300/- as interim maintenance. I reduce the same to Rs. 250/- — Rs. 150/- to the wife and Rs. 100/- to the child.

Conclusion

The facts of the case is an relevant aspect along with evidence to fight false dowry cases.

Adv. Nitish Banka

Practicing Advocate at Supreme court

Nitish@lexspeak.in

 
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