Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Ankhi (XYZ)     03 November 2012

Pls guide

I filed a complain at CAW Cell Rohini Sec -3 on 6th July and till now only once my husband has appeared before the IO and talked in very harsh language. Also he deny all problems which i have with him and his family like dowry demand , abusive language, phyical and most painful the mental harashment by way of taunitng and all.

 

After that my husband 1st filed Sec 9 in Aug and after a month in Sep  sec 13 for divorce .

 

I want to know is there any specific duration after which only CAW Cell can approach to DCP to register an FIR.

Any other advice is also welcomed



Learning

 8 Replies

Adv. Chandrasekhar (Advocate)     03 November 2012

there is no specific period after which caw people will get the complaint filed by wife registered as FIR.  There is mandate for them to hold the mediation.  If the mediation fails and the complaint discloses the cognizable offence laid down in Section 498-A, prima-facie the logical action lies with them is to register FIR.  If you are convinced that you like to go ahead with Section 498-A, then approach the CAW authority with the written request to register FIR.  If you find any connivance between the CAW authorities and the husband for not registering FIR, then you can file a complaint before the magistrate seeking appropriate directions to the concerned CAW.  If you are not interested to pursue Section 498-A, which may put the husband and his relatives behind the bars for some time and want to go mildly while seeking the redressal of grievances such as residential rights, maintenance, protection, compensation etc., you can opt for filing DV case, which you can directly file before the concerned magistrate court. 

Ankhi (XYZ)     03 November 2012

Thanks Adv. Chandu

Since last three dates at CAW cell they are saying that they will register on next date but always they procastinate the action by making excuses like

ACP is not present, after 4 Date with IO (sub Inspector) u should hot to Inspector and then three dates with ACP etc.

NOw i am complete fedup of going there and wait from my husband or any of his family member and after waiting around a hour get the next date of after 2 weeks and signing there at case file.

Pls tell me to whom i should meet there and what is the nature of application i should produce before them ?

Rajan Bhasin (Law Student)     03 November 2012

In case you are confident to go ahead on one way route which is 498a(Non compoundable). You can meet DCP-North west and give him written communication to register the case.

As offfence is Non-cognizable too, Police is duty bound to register the case. 

rajiv_lodha (zz)     03 November 2012

U have right to move to concerned MM court via Sec 156-(3) & pray for registeration of FIR. But remember, u do ur homework to bring forth all the proofs of cruelty/dowry harassment if u want to pnalize them.

Ankhi (XYZ)     03 November 2012

Thanks Rajan Bhasin and rajiv_lodha

Next date is on 6th November , if they don register the FIR i will accordingly act on ur adivce.

Strong_Courageous (Sr. Software engg)     03 November 2012

Hi ankhi, i have filed a similar request with CAW Ldh one month back but til now no intimation has been given to my husband.  Only i and my family are visiting CAW so many times. when my family tried to reconcile in several panchayat with his relatives, he did same - talked in very harsh language. Also he deny all problems which i have with him and his family like dowry demand , abusive language, phyical and most painful the mental harashment by way of taunitng and all.

Such people are shameless. My advise would be in case you can follow - get rid of the cancer asap and move on with your life. I can see  in my case that its further mental harassment to me and my family only. The only difference with me is that i have a small baby of 6 months for whom my husband just dont care and i am on the verge of losing job. 

 

 

Ankhi (XYZ)     04 November 2012

Strong_Courageous No there is no difference on being having a baby and job too. I also have a baby of just 13 month old. I am a S/E in a reputed MNC which at present seems to be a base of life.

 

But this mental tension has started to affect my proffessional life too

Rahul Kapoor (Legal Enthusiast)     04 November 2012

if mediation fails then police will file the FIR.


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