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Atul Verma (Software Engineer)     28 September 2014

Delhi commission for women - relevance

Hi Members,

My Wife filed 498a and 406 against me and my family members. I got AB after FIR got registered. First the case was filed in CAW but i did not got any notice from CAW cell but FIR got registered after some time. After I got bail, my FIL filed a case in Delhi commission for women. I attended the meeting in DCW but opposite party does not turn up. So they gave any date after 2 months. I asked DCW about their role since the matter is already in the court juridistion. but members over there said that case here will be treated as CIVIL case. 

 

Can any body tell me is there any role of DCW since the matter is already in court. ?



Learning

 2 Replies

Tajobsindia (Senior Partner )     28 September 2014

@ Author,


1. What the DCW says is true. By virtue of S. 10(3) of the Delhi  Commission  for  Women  Act,  1994 (DCW hereinafter) the DCW has been vested with all the powers of a civil court in carrying out an investigation with regard  to  the  matters  relating  to  safeguards  provided  for  women  under  the constitution and other laws as also with regard to  the matters relating to deprivation of women's rights, there is, however, no power granted to the Commission to pass Orders and or Directions for maintenance, divorce, custody, judicial separation, bail, arrest, residence order, rent in lieu of residence, succession etc. etc.


2. These powers are vested only in the jurisdiction Courts, both Civil and Criminal. It is other matter that since January 2014 talks are underway to give such powers to DCW/NCW


3. Hence, you may appear before them on next date of hearing but you also have right to protest that also only when any Order or Direction is passed by the DCW.

 

[Last reply]

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Atul Verma (Software Engineer)     30 September 2014

Thanks for the reply !!!

I believe DCW women will always take side of 498a women, no matter whether they are wrong.

Can you pls elaborate more on their rights and powers. And in case they issue some directions to me, Can i challenge the same in the court ? AM I bound to obey their directions in my case since the matter is already in the court. 

 

 


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