Caw call after pwdv

I am amazed to see such confidence of a husbnd in his wife ! What a confidence you hav tht she will file 498a. Its simply amazing.

 

Instead of going for AB, HC, which is all a waste of time and you will only spend money unecesarily on lawyer fees, AB.  Its better to get arrested and go for regular bail.

 

No need to attend CAW cell.  If you want, you alone go and tell reconciliatoin is not on your mind, and let them do what they want.

 

Anyway you have already lost the battle, already cases are pending on you, few more cases wont matter mcuh.  

 

Just be mentally prepared thats all.  Dont bow your head in frront of police, or the court or your wife and her parents.

Originally posted by : Martin Campbell
	I am amazed to see such confidence of a husbnd in his wife ! What a confidence you hav tht she will file 498a. Its simply amazing.   Instead of going for AB, HC, which is all a waste of time and you will only spend money unecesarily on lawyer fees, AB.  Its better to get arrested and go for regular bail.   No need to attend CAW cell.  If you want, you alone go and tell reconciliatoin is not on your mind, and let them do what they want.   Anyway you have already lost the battle, already cases are pending on you, few more cases wont matter mcuh.     Just be mentally prepared thats all.  Dont bow your head in frront of police, or the court or your wife and her parents.

thats true. you cant win against a woman in court because your lawyer her lawyer and judge and police everyone will fight against you. what can you do? keep quite dont spend a penny. hardly police will hit you for not paying money but next day  they have to submit you in court, get bail go home and be a BADASS!!!

live your life. once matter in legal system then its RAAM  NAAM SATYA HAI !!!

all the best for your new adventurous life ( if you dont choose court as solution)

No need to attend CAW if it is hard for you. Send them a letter saying you don't want counseling. If it's not a pain to attend then it's good to go and ask what your pimp (father-in-law) wants I.e what nightly rate has he decided for his daughter. If the rate is lower than lawyer fees it is good to pay the b*tch off. If he wants more then let him run in courts and live with the disgrace of his 498a daughter and deal with the down market for these types of women. No need to worry about AB. In some places like Delhi no court gives AB in 498a because no apprehension of arrest exists unless senior police officer has given permission for arrest. It is simple to get an order for few days pre-arrest notice in this case. Such order can be won even before FIR if you have a good lawyer. Usually arrest permission is not easy to get for 498a cases that are obviously fake (98%). This is good because you can live abroad travel abroad etc freely without restrictions as long as you cooperate with the IO. I have been through this and can tell you 498a has very little sting left. Some money will go in lawyer fees and maybe in maintenance that's all. Such tax is unavoidable when wife turns into a prostitute.

Martin, it's all very predictable if you read enough LCI forums.. wife would not file CAW complain suddenly after 2 years to rejoin husand, its a formality. The question is how much money she can milk from me, and for that matter how hard she can squeeze me .... :) But why do you say I already lost the battle, the battle has just begun. I am currently focused on DV and hopeful to quash it. Wife will file cases just because they can, case pending is not failure - why is that failure ?

 

So I am just trying to understand the bail thing clearly, Getting A.B. (anticipatory bail) is hard and wife will oppose, court will not grant, huge lumpsum money ... just because it saves you from the stigma going jail. On the other hand if you have no prejudice of staying a night in jail, normal bail is very easy and cheap to get next day.. is that it Mr. Vikram ? Well in that case, I will happily and voluntarily offer myself for a nightout at jail, the only fear is torture / threat in hand of police ?
Btw, what's the estimated cost of A.B. - is it fixed or like maintenance it depends on income/status etc. ?

If I am an NRI how can I actively help with the investigation process ? and if arrest permission is likely (though its hard for them to get as mentioned by "autohide"), can I voluntarily come down to help the police ? The last thing I want police stop me while traveling or at home. Are there measures you can suggest that will make my life free of surprise ? ... I don't mean free of trouble :D

Make sure you have a good lawyer representing you. Staying clear of surprises is simply a matter of staying abreast of happenings in the local court and police station. A good lawyer can take care of this. It is not always easy to find a good lawyer though, most lawyers in India are very corrupt and unscrupulous. The senior advocates are little better in this respect but they are too busy to pay attention to every case, you have to work with their associates and be a proactive yourself. If your case is in Delhi don't even worry about AB at this stage. Go for Notice Bail application and you don't need to be present, your lawyer can handle. Wife will oppose but no grounds exist to oppose recieveing notice as per CrPC 41. Police should follow notice procedure without any court order also, but having court order helps prevent mischief by money-hungry police. You don't need to be proactive to help investigation, you just have to comply with requests from IO. If you havent recieved any notice, there is nothing to do. As soon as you get notice, go and give a prepared statement. You don't need to give any evidence at this stage, but you can request certain investigative steps in your statement. For example, you can ask IO to pull phone location records if there are discrepancies in complaint about presence of wife or others at some location. You can request IO to pull bank statements and ITRs of pimp (father-in-law) to verify all sources of income etc etc. Think carefully and put on record all investigative steps that can bring truth to surface. IO may not follow any of these steps, but this will help you later to show prosecution case is bogus. If IO follows the steps, truth will emerge sooner and he/she will need to address it in final report. Usually investigation is a eye-wash and IO spends minimal time on it, blindly files chargesheet. By making requests for investigation in your statement you blow preemptively blow holes in entire case during the trial phase. IO will be cross examined during trial and your lawyer can ask why he didnt follow the investigative steps that are well within his power. He will have no answer and his testimony will lose its evidentiary value.  

@autohide147, Thankk you very much, your reply will be all very helpful.

My case is indeed in Delhi, and I do have a senior criminal lawyer. And you'r right I mostly work with associates for regular matters. I dont like to blindly depend on lawyer, after all only I know what I want, I like to equip myself with as much info I can find in LCI etc. forums.

Thanks a lot.

LCI and forums have too many conflicting opinions and also unscrupulous lawyers trying to increase fear and gain business. Read daily orders and judgements from ecourts website for mahila court judges of your jurisdiction and the sessions judges. They will give a clear picture of how procedure is being followed during trials of DV, 498, appeals, bail etc and how evidence is considered in making these judgements in various situations. Judges usually have to give written reasons for all material decisions in their judgements. These provide lot of insights into how to best present your case. Lawyer is helpful for citing relevant sections, drafting replies, doing leg work during hearings and discussing strategy. But only you understand your case at deep level. Combine that understanding with study of how law is followed in specific jurisdiction and make suggestions to your lawyer on every step to get best possible representation. Usually good lawyer will appreciate well informed clients. The bad lawyers prefer clients who can easily be swayed with half-assed opinions.