Caw inquiry over now what???

She is exactly write. Further contact me Adv.sood

• Retain a lawyer.
• Never trust what police say.
• She is partly right, arrests in such cases are close to zero nowadays.
• She is not right about closing the case. Police are very happy to take some money or follow tears of wife to file chargesheet in court even when they know case is false.
• Next step of police is to register FIR and investigate. You need a lawyer to represent you at this point of proceedings.

First hire a good lawyer. Dnt believe police blindly. Mostly our judicial system is corrupted. Police can take money. If they register FIR then try to quash FIR at initial stage. For future start collecting evidence against your wife. Record all her and her family members call& save her message . Try MCD if she agrees .

thanks for your reply

Will u all please guide me how to quash FIR

actually m from gujarat and wife is from maharastra so quite difficult to find honest lawyer

we have called them for compromise but they never come to talk to us

i have her call recordings saying that there was no dowry asked nor any physical abusment done to her

please request you to help me out

one of my known lawyer told me to file RCR case

how much it is benificial in this case or it is just waste of time and money??

 

Quashing can be done through high court. Consult with HC lawyer. These recording can helps you as evidence. But never give original recording to lawyer. RCR can helps you in getting divorce. In my opinion cases are only wastage of time and money. Lawyer only makes money from both sides. If quash fails then before charge frame try to move your case in mediation . If she dnt want to come back then it means she want divorce. Instead of wasting time and money in court try MCD on your terms and conditions. Dnt worry brother fight your case on your merits one day she will definitely comes for MCD on your terms and conditions .

thank you very much bro

with a friends like you all no one can walk alone

please correct me if i am wrong

she has given complain to police station. Is this consider as FIR?

than police has transfer the case to CAW cell where inquiry over and we have given our answers in which she has rejected to come and i have given as we r ready to take her back

now CAW cell will give their report back to police station..

than PI will come to our home for cross veryfication

than whatever the investigation done will be recorded and report will be submitted to police station

Than if my inlaws want they can approch for court and case will run

is this the procedure or its different?? and if its different please guide as a complete flow

thanking you all in advance

First of all I m sister. You can see on website whether police has registered FIR. If she file then police will investigate and take statement from your neighbors. Police can also close your case if he found in investigation all fake. Or police can file charge sheet in court according to their investigation. If you saw on website FIR registered then you can appeal for quash or stay order. Once change sheet file. Ask your lawyer to ask in court for mediation. As she dnt want to live with you go MCD in mediation on the condition of withdraw of case. I am suggesting MCD because court procedure is long one it may become 4-5 years in roaming court. At last you will get divorce only.

1. Your understanding of procedure is correct. FIR is filed after CAW mediation fails. 
2. IO will investigate and may ask you to come and give your statement. IO will submit report in court based on investigation. 
3. Usually investigation is eye wash nothing is done by police except taking statements. 
4. All the above process can take 1-2 years after that case proceeds in court for another 5-7 years. 95% cases of 498A are false end in acquittal.
5. Cooperate with police when they call you. Retain a lawyer and at right time apply for aniticpatory bail - not always needed but good for peace of mind. 
6. Most likely you will also face DV, CrPC 125 and HMA 24 cases simulataneously. Defend the cases with a good lawyer calmly. These are nothing to worry about, the cases run very slowly there is usually no adverse outcome. It is usually a waste of money and time but lawyers representing wife always recommend filing them under garb of creating pressure. Such pressure never works but definately helps wife's lawyer get more fees. 
7. If your wife does not work you will have to pay her maintenance irrespective of anything.

@ A walk alone

sorry sis... with sister like you who always ready to help with mature suggetions no brother has to worry thanks for your good concern and time really appreciate..

@vibha mam

thank you also for your advice

Actually this all matters rise due to influence of her father and her elder sis

actually she wanted up to open a beauty parlour for her and me and my family member oppose it as we dont like this

she wants us to renewate our house to open her parlour.. and we dont want that

if she was educated than we wont mind if she do job

she left house saying that she will open beauty parlour at her home

now we dont know weather she is working or not

at time when i went to see her she told that she is graduate in arts but after 4 months we came to know that she is just f.y pass out we let go it and never discuss about that point again

she has certificate in beauty parlour and i have read a case in which maintanance was rejected by a lady judge saying technically knowledge person can not sit home seeking maintanance from husband and as [per my knowledge as per law if wife has deserted husband and if she refuse to rejoin matrimonial home without any sufficient reason she cant be awarded maintanance

please correct me if i am wrong

anyways hope god will do the best

thank you once again to all experts for guiding me

@ A walk alone

sorry sis... with sister like you who always ready to help with mature suggetions no brother has to worry thanks for your good concern and time really appreciate..

@vibha mam

thank you also for your advice

Actually this all matters rise due to influence of her father and her elder sis

actually she wanted up to open a beauty parlour for her and me and my family member oppose it as we dont like this

she wants us to renewate our house to open her parlour.. and we dont want that

if she was educated than we wont mind if she do job

she left house saying that she will open beauty parlour at her home

now we dont know weather she is working or not

at time when i went to see her she told that she is graduate in arts but after 4 months we came to know that she is just f.y pass out we let go it and never discuss about that point again

she has certificate in beauty parlour and i have read a case in which maintanance was rejected by a lady judge saying technically knowledge person can not sit home seeking maintanance from husband and as [per my knowledge as per law if wife has deserted husband and if she refuse to rejoin matrimonial home without any sufficient reason she cant be awarded maintanance

please correct me if i am wrong

anyways hope god will do the best

thank you once again to all experts for guiding me

1. Maintenance is decided on many factors. Don't be too confident on past judgements, courts can refuse to consider them unless all material facts match your case.
2. Wives usually play lot of mischief in maintenance cases, they blatantly lie about their income and qualifications. Court will believe them unless you can show any proof to counter the claim. 
3. It is impossible to prove that wife deserted you for no good reason. In court, she will claim that she was beaten mercilessly and harrassed for dowry. She had no option but to run away to save her life.  
4. You have to remember that matrimonial disputes in Indian courts are never about facts or merits. Parties are fighting about emotional wounds and bruises related to deep human needs for love and attachment. Facts go out the window very quickly in this sort of battle.

respected vibha mam

i 100% agree with u 

i m neither confident nor over confident about the facts previous judgements

with respect to your 3rd point i would like to inform you that when my friends wife call her to wish her she has told her that she was never beaten nor pressurised for dowry.. i have that recording.. and hope that it will help me 

another thing i have recording also saying that she has certificate of beauti parlour

in whole session of CAW inquiry she has never mention that we beat her or we asked any dowry just only one point she was repeating was we didnt allow her to open beauty parlour

she never mention about asking dowry in our last meeting held at our home nor with the intermediate who arranged our marriage

i have also recording of a call which shows that she went out from my home saying that she will return in 8 days and never return back

these are my points but actuall action will happens in court only... depends up on the judge which factors he/she counts

one more query she is in maharastra and i m in gujarat

so if i want to apply for AB.. has it to be apply in maharasta high court or gujarat highcourt

another thing is my brothers name has wrongly involved in case bcos he is living separately
so he was thinking to file demataion case for wrongly involvent is it possible???

thanks again

1. AB has to be filed in jurisdiction of FIR which will be in Maharashtra
2. Your brothers name can be removed from case by making proper application for same.
3. Defamation will not hold unless her claims are proven false in court.
4. The fact that she hasn't alleged physical beating or dowry harassment so far is good for you.