try1684 27 December 2014

Guidance required

Dear LCI,

Please guide me on the below scenario:

I got married in 2008. Due to continuous mental and physical harassment by my wife (its a long story). Finally i filed a divorce petition under section 13, in Banglore Family court in the month of Nov 2014. For which the first date of mediation/hearing is on Jan 2015.

Me and my wife were staying together in bangalore till Oct 2013. I have a daughter aged 5 years. Somehow i was listening/managing to her harassment till oct 2013. But i decided its enough, i can't tolerate it anymore (ofcourse after a big fight). This was not for the first time. which has became her favourite weekend timepass.

I left the house and moved to stay with my brother in same city. After that i moved to my native place. Since then almost 1.2 years we are not staying together.

By the time i was in my native. my wife job in banglore had some issue they shut down that specific department in which she was working. She finally got another job in delhi which she joined in Jan 2014.

During the period jan 14 to Sep 14. My parents once visited her house in delhi to sort out the issue, but nothing positive came out of that meeting.

Present Scenario: I am in banglore and have filed DV in nov 14. First hearing on jan 2015. She has also filed a complaint against me in CAW Delhi. For which i got 2 Request letter to come for mediation. First letter reached me on the same day which i was asked to be present in delhi. To which i replied them via "Registered letter" about my inability to come and also i mentioned that a DV case is going on for which the first hearing is on jan 2015.

And now again i received the Second Request letter from them to appear for the mediation. I tracked the reply letter which i sent to CAW Delhi on speedpost website and it got delivered to them. The second letter from CAW is "dated" on the date which i was supposed to be present in delhi as requested by them in the first letter. (i.e they issued the second letter on the same day itself, as i didn't appeared as requested by them)

Meanwhile i have also filed an RTI Online to get the details of the complaint, its more the 10 days havn't heard anything from them.

What is the next step from them, will they file FIR ? will they arrest me ? what should i do now.

Please help......

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7 Replies

Jai Karan Nagwan (consultant) 27 December 2014

Better appear before CAW and submit your say there. If you will not appear, CAW will recommend fir and you all named in complaint may be arrested. You may not get information, however within 30 days you may get reply that information sought by you is not information within the meaning of RTI and this is fact also. Now, you take your independent decision and spk good lawyer.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 27 December 2014

Dear, Better appear before the women cell and talk on the issue, otherwise your failure will raise negative presumption against you .... Kapil Chandna Adv 9899011450

Dr J C Vashista (Advocate) 28 December 2014

Attend the CAW Cell proceedings, findout latest position of the complaint, which is definetly favouring the complainant.

In case CAW Cell has already decided to lodge FIR agianst you, engage a local lawyer in Delhi and obtain anticipatory bail in Delhi, otherwise there are bright chances of your arrest.

try1684 28 December 2014

Thank you all for your quick reply.

But the problem is that i received the second letter from CAW yesterday only and they want me to be in delhi on 30 Dec. Its not possible to go their in such a short notice.

Jai Karan Nagwan (consultant) 29 December 2014

Call CAW and reference to teleco, write a letter of request that you may be given 15, 20, 30 days time, as to arrange your travel.

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Dr J C Vashista (Advocate) 29 December 2014

@Try1684,

1. You have posted this query with assumed name, remaining anonymous, wherein we donot entertain the anonymous querist,even then we (experts on this platform) have advised you adequately.

2. Do you expect each and every movement can be elobarated on this platform??

3. As already advised (now choice is yours--whether you may follow or not), you shall have to attend the CAW proceedings, whether it is 30th Dec or 30 Jan, failing which, chances of your arrest are becoming brighter.

4. You have adequatly been advised, now it is your turn to proceed whatever you feel, but stop this thread.

T. Kalaiselvan, Advocate (Advocate) 29 December 2014

Upon expressing your inability to attend the CAW cell for inquiry, you may engage an advocate in Delhi to represent you before them, who will advise them accordingly and take convenient time for you to appear before them. In the intervening period, you ask your lawyer to obtain AB if necessary and take precautions accordingly.

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