Crusader (freelancer) 28 March 2013

Advise: caw cell complaint

Hello Experts,

My wife has filed a false complaint againt me in women cell and I'm failed to get complaint copy and video conferencing approval for mediation as I'm living in abroad and not an Indian Citizen. I have approached session court for notice bail and court mediation, but failed as opposite party lawyer said that it is not a complaint and arrest is not possible. I have received short date to be present for next hearing.

Please advise, if a complaint is filed by my wife am I eligible to receive complaint copy considering I have right since I'm accused as per complaint; My marriage was registered under HMA.

Is there any judgement where mediation is done through video conferencing as in my case it is rejected saying "our technology is not that advance in metropolitan city". (no denial for Video conferencing or notice bail as per order)

Your reply is highly appreciated!

Crusader

PS: my mother is Indian citizen, but its me who has received mail to appear for counselling/mediation saying "compaint filed against me by my wife"

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4 Replies

Rahul Kapoor (Legal Enthusiast) 28 March 2013

hello,

If you are not given the certified copy of the complaint. File an RTI the very next day. Cite "matter concerning life and liberty" and ask for the copy within 48 hours. In Delhi and most metros you would get a copy by this method, but if you don't get copy of the same within stipulated time. You can move appelette authority immediately at the expiry of 48 hours.

When you get the copy of the complaint. Make a written representation to the CAW Cell, stating with some proofs how the complaint is false and why the same needs to be dismissed without the registration of the FIR. While doing so, give some proofs of your innocence, but not all proofs. As most of the proofs need to be saved for the main case at the stage of Evidence.

regards-

rahul.gogreen@gmail.com

ADV S PATHAK (lawyer) 28 March 2013

depute someone at the place of making the complaint to get the copy through bribe.

ADV S PATHAK (lawyer) 28 March 2013

also why are you in a hurry and went to court for bail and mediation? keep the matter pending and let the action on the complaint be taken. let the summons, bw, nbw and then po proceeding start. it will take over 18 months. so relax and concentrate on your work.