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Helpless Guy (IT)     30 September 2017

Wife did 498a & Un-Natural Sex complaint in caw cell

Hi All

My marrige is 6.5 year old and I have a boy of 4.5 year ols studying in school, my wife is in influence of a lawyer provided by her brother and since 1.5 year I'm getting mental pressure of legal cases and police complaints. My wife and her parents/brother playing legally with me. We both are working and my wife is earning 65K per month.

My wife did CAW cell complaint against me in Rani bagh Delhi, my parents and my 2 married sisters 2 months back in 16 Aug-2017. She put allegations of 12 pages for dowry, mental and physicall harrassment, un-natural s*x, beating, not giving food, taking maid work from her, not giving money to her and child etc.etc. She left home 2 months ago and took away my PAN card, aadhar , voterID card, salary slips, form 16 , my saving bank cheque books. Before leaving she wrote a letter that  she is leaving home with her own consent and taking my 4.5 year child with her. Which I submitted to SHO of local PS and took DD entry with myself.

Before to this she, has already called police 3 times by PCR complaint. During 3rd time PCR complaint she managd to get MLC done and in police station her parents forcefully taken my apology statement in which I wrote I will not beat her, I will pay 25,000/- per month , I will take her to movies, restaurent every week etc. She is giving this as a strong evidence in CAW cell. Also when ever her parents come to our home they always verbally abuse us to kill me and do false cases on me and my parents, on reply we also counter them in high temper( I feel they record our reactions in camera phone as well). Also her dad pay 1st quarter fee and school dress of my child  to create a scene that I 'm not maintaining well of her daughter and they kept the payment details as a evidence.

I depose my version in CAW cell that I want to take her back as my wife is under influence of her parents and brother and I want to settle my family happily. Please guide me how can I save myself from this situation as for that MLC and my written statement is my biggest fear.



Learning

 19 Replies

Vijay Raj Mahajan (Advocate)     30 September 2017

MLC and medical reports have to be checked to provide correct assessment for your case, without that giving any advice will be wrong. vijaymahajan5758@gmail

Helpless Guy (IT)     30 September 2017

Sir pls share your mob number ?

Nitish Banka (lawyer)     30 September 2017

498a can be quashed on many grounds. we have to go through the fir. these days filing these cases are quite common.

Adv. Nitish Banka

9891549997

lexspeak.in

Siddharth Srivastava (Advocate)     30 September 2017

Why you want to take her inspite of all cruelities inflicted by her upon you and your family members? Firstly consult a lawyer and obtain anticipatory bail to safeguard yourself and other family members and properly counter all allegations in the guidance of a lawyer. 

Helpless Guy (IT)     06 October 2017

We had completed 1st counselling round in this my wife given a letter that she don't want further counselling and want legal action on me. Also she demanded complete materials lying in my home, counsellor told her to submit the list to IO in CAW cell and they will give me xerox copy of the list.

How should I accept this list, do I have to make any written statement anywhere while accepting the list ? If she is not willing to continue counselling , can IO proceed for FIR as I learner in this forum CAW cell counselling went upto 6-9 months in some cases ? Please guide in this matter .

Siddharth Srivastava (Advocate)     06 October 2017

As mediation failed so case shall be referred to police for registration of FiR and arrest of accused persons etc. You were already advised to obtain anticipatory bail. You can submit your representation in respect of list submitted by your wife. MLC and other police reports etc are required to be examined. Consult a lawyer with details and act fast as you are short of time.

Pawan S (06292021602) (Advocate)     06 October 2017

The girl may file number of cases against you (either true/false), but, things will get sorted out in the trial. And one cannot stop her from filing the suits. Let her do whatever she wants. The burden of proof lies on their side (prosecution). They need to prove what they are saying is true. There is no question to bear out her demands. Fight for the justice. Courts are also aware of these kind of cases, as 90% of the cases are fake. So, probability of conviction in these kind of cases in very rare.

Suggestions:

                            

  • Do not keep any assets in your name.  
  • If you do any private job, then try to switch this. Keep your new employer name confidential.

 

 

Since you already have the list from the CAW,you will be required to accept and deny the items of the list and the items which are admitted you will be required to make the delivery according to it. Start returning the admitted items through proper procedures. This will shield you from 406 IPC suit.

 

I believe FIR has not been registered yet. So, no question of AB bail at this point.

 

This kind of cases are very common these days. Stay calm.

 

You seem to be a very strong guy. The reason why I am saying this, you are still thinking of taking her back.

Don't even think of that.

2 Like

Helpless Guy (IT)     07 October 2017

Dear Pawan Saha ji , Thanks for your reply which I found most relevant according to my condition.

1. Yes, wife not willing to go for counselling but I request IO to continue reconcillation process through counselling. I want IO can give me 5-6 dates so that my wife impulsive reaction and anger should go away. Can I return her leftover articles like furniture, fridge, TV etc in CAW cell ? As of now I don;t want divorce.

2. Only if reconcillation fails then I will never bring my wife back and give a tough fight in the court, also I will fight for custody of my 4.5 yr son once he become after 5 years of age. How much interim maintainance judge can order for my son and approx when it will be ordered ?

3. I will wait till IO brought me to ACP to file FIR, after that only I will take AB for myself. As SC given directions no arrest for parents and married sisters.

Pawan S (06292021602) (Advocate)     07 October 2017

1. Return the admitted items through proper procedures. Talk to CAW, they will able to guide you. Try to keep everything documented. Like if you want to return the thing, ask about the procedure to CAW with an application (if possible) and retain a copy of that document with you.

 

2. There is no set rule for the calculation of spousal maintenance as there is for the calculation of child maintenance. When determining whether spousal maintenance should be compensated, how much should be paid and the duration of time for which it will be paid, the court has regard to the overall circumstances. In determining the level of maintenance, regard may be given to the parties’ day to day financial commitments, including any child maintenance obligations, and how these can be met from the available resources. The appropriate amount of maintenance varies significantly from case to case.

1 Like

Siddharth Srivastava (Advocate)     07 October 2017

Instead of getting confused by so many advises Consult a lawyer with details and go according to advise.

Helpless Guy (IT)     10 October 2017

Originally posted by : Sidharth Srivastav
Instead of getting confused by so many advises Consult a lawyer with details and go according to advise.

Siddharth ji, sure once I got FIR registered I will definitely engage a lawyer, till that point checking some legal angles.

Helpless Guy (IT)     13 October 2017

Already I report the incident to SHO of my local PS and took a stamped copy of DD entry. Is it advisable that after 2 months of CAW cell can I write to DCP office of our area and reporting the incident that I have a fear my wife or my in laws will do false cases on me and provide me legal support ? Will it help me in future if CAW cell lodge a FIR ?

Pawan S (06292021602) (Advocate)     13 October 2017

These are not going to help you much.

 

Siddharth Srivastava (Advocate)     13 October 2017

Donot wait for registration of FIR. Protect yourself and other accused persons and obtain anticipatory bail. Police will not give you notice before registering FIR. So donot wait. Consult a lawyer with details.

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