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Jai sai baba (No mercy for B)     03 January 2014

Unasnwered emails from wife as cruelty evidence

Gents,

my wife has filed a compliant in CAW cell, delhi.

I did not attend any meeting till now as coz of my touring job, but my parents did.

My parents denied to take her back as she hit my parents physically( now i dont need to xplain what else she has done)

But now my XX is not coming to CAW for meetings, and at the same time she is throwing lots of emails about my location and using various means to track me. at the same time she know where i am, but of course m not talking to her becaoz of the issues/dramas she created.

by emails she is trying to gather evidence that i am hiding and running away from my responsibilities.

My Qs are:

1.WHat if someone says that he did not see her emails as there's hell lot of emails we receive everyday? (so her emails remains unasnwered) or he has limited email access, 

or he dont want to reply coz matter is in CAW cell

or he ignored her emails purposefuly

or he deleted her emails before reading

or he set the setting that any email from her get deleted by system

Which one is best answer with justification.??

2. I want to join CAW meetings but at the same time m scared that she will attempt to file f.i.r on the same day and wont allow to go abroad(my short project coming up) 

If i join CAW meetings, will it be in my favor to some extent to counter of hiding an all??

Help is much appreciated !

Karan



Learning

 9 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 January 2014

Dear Karan

my opinion on your queries are as under:

1.WHat if someone says that he did not see her emails as there's hell lot of emails we receive everyday? (so her emails remains unasnwered) or he has limited email access, 

or (he dont want to reply coz matter is in CAW cell) it is right option.

this one is best answer with justification


2. I want to join CAW meetings but at the same time m scared that she will attempt to file f.i.r on the same day and wont allow to go abroad(my short project coming up) 

Opinion: it is not possible, the CAW cell have no power to registered FIR, the CAW cell send the file to cencerned DCP or Mediation then the FIR can be registered otherwise not.


If i join CAW meetings, will it be in my favor to some extent to counter of hiding an all??

Opinion: it will be better for you to file your reply before CAW Cell, it will be very helpful in court proceedings too.


Feel Free to Call


Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 January 2014

Hi Friend,

 

Not joining CAW cell is not an option. Disregard her emails or all other communications, but do attend CAW meetings.

 

In Delhi unlike other places, there won't be any arrest immediately. The CAW cell is a reconciliatory body, but the courts in Delhi still impose condition that attending the CAW proceedings is essential for bail.

 

Regards,

 
Shonee Kapoor
Handphone: +91-8010850498

If you don't fight for what you want, don't cry for what you LOST.
2 Like

Jai sai baba (No mercy for B)     03 January 2014

Thanks Nadeem ji & shonee ji.

Sir my parents did attend the counselling. but i could not coz of my job obligations abroad. 

I want to attend for sure. but some where in the back of my mind  scared of passport surrender, and coz of that i will loose my job.

M not scared of running the cases as i know what i have done and what she has done. only thing m worried is about my job

Thanks

Biswanath Roy (Advocate)     03 January 2014

Unanswered e-mails does not come under the purview of the Evidence Act so you need not to be worried for.

Attend before CAW cell and disclose before them real facts.

If you apprehend arrest to attend CAW meeting in that case you go there with a lawyer practicing in the criminal court for your safety.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 January 2014

Dear Querist

the CAW Cell have no power to arrest, no need to worry

T. Kalaiselvan, Advocate (Advocate)     03 January 2014

As advised by my learned friends, the CAW Cell is basically a mediation centre to reconcile the differences and save the institution of marriage to the extent possible, hence need not worry about attending the CAW Cell meeting. At CAW Cell or anywhere do not ever submit your passport, if there is  a demand to submit, keep dodging the issue with the help of  your lawyer, ask him to tactfully deal with the issue.  Just ignore her emails or all her attempts to contact you by any means, if you have decided about the next course of action with regard to your matrimonial life, proceed in that direction alone, do not get confused or misguided by lot of opinions from each and every tom d**k and harry you meet.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 January 2014

Passport Impounding is almost unheard of. Why get worried about it.

 

There is a difference between reasonable fears and apprehensions and paranoia, don't get paranoid. I would also advise you/ your parents to attend the meetings known by various names like Sahodar/ SIF/ PIF (the groups fighting against misuse of dowry and other matrimonial laws) etc. in your area to gain confidence to fight back.

 

Regards,

 
Shonee Kapoor
Handphone: +91-8010850498

If you don't fight for what you want, don't cry for what you LOST.
1 Like

Jai sai baba (No mercy for B)     04 January 2014

Thank you gents. First she made my & my parents life hell and at the same time she want us to behave like slaves, (we should act as per her wish, we should do whatever she demands... n much more). Her father is using high level political pressure on my old parents & me.

I do not understand, why people, at the first place, doesnt understand the impact/result of their doings when they doing it..and later instead of regret or feeling sorry, they stand on bunch of of laws (using them wrongly) to threaten you, to bend u..to make u feel that we can't win( knowing the fact that we are right), just becoz they have laws with them, which they can easily abuse.

If marriage failed its not a crime...lets sort it out peacfully...but no...revenge for their own wrong things..!!

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 January 2014

Hmmm, Your outbursts may be justified, but have patience and remain coiurageous.

 

 

Regards,

 
Shonee Kapoor
Handphone: +91-8010850498

If you don't fight for what you want, don't cry for what you LOST.
1 Like

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