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Vishal Kumar (Asst. manager)     12 March 2013

Wife filed false mentle harrassment case with caw

Hello Everyone,

 

I got married on 11th feb, 2012. From last 8 months my wife is living with her parents as she ran away from our home in June, 2012. Even in April she did the same thing and after 3 weeks I went to her home and she came with me agreeing that she will not go to her parent's house without permission and she will respect the elders. The problem is that she abuses me and my parents. She is short tempered and doesn't want to do any household work. She is educated (MSc, B Ed) therefore we helped her in getting a job but she didn't joined and ran away from the home the very next day (this was first time in April).

We filed an application with the state marriage councelor in November, 2012 and in the first meeting (8th feb, 2013) she used defamatory sentences and ran away from the meeting. The presiding officer refused to note the minutes of meeting and therefore were favouring her. So, we withdraw our application. Then, I went to her home with a mediator but there also she created the drama infront of every one.

Now today, a person visited my home with a notice that my wife has filed a complain with CAW cell and we have to appear in police station on 18th March, 2013. Since she has filed a false complaint against us therefore I am 100% clear that now I don't want her back in my life. I also received a call from CAW cell whereby they informed that my wife has filed a mentle harrasment complaint against me, my mother & father and my younger brother. She also stated that she wants to live with me and I am the one who is denying to take her along with me.

 

Now, I have following question :-

1) What should be my stand once we appear for the meeting as they will ask me to compromise and now I don't.

2) Can they arrest me.

3) What should be our next step. Shall we file RCR or divorce or apply for AB or do nothing.

 

Thanks

 

Vishal



Learning

 13 Replies

Akshay Sahni (Founder/Partner)     12 March 2013

Dear Sir,

 We woudl be able to assist you through this legal issue. For any further queries please visit www.indialawhelp.com

We have offices in New Delhi, Mumbai, Pune, Noida, Dhanbad, Allahabad, Bangalore, Chennai.

Regards

Akshay Sahni

Advocate

09891982832


(Guest)
Whatever questions you asked... 1.They will try to patch up...upto you whether you want to take her back or not. 2. They wont call you at a given and arrest you if you are not listening to what they are saying same day arrest looks rare. 3.you can File RCR, divorce and also apply for AB. Just go there and see how the conversation goes. Ask her to giving in writting that the complaint is false. And if you deciede to take her back...ask her to give in writting that she will not file false complains against you and your family in future. Go with an open mind and deciede what is good for your future.All the best!!!

Vishal Kumar (Asst. manager)     12 March 2013

Thanks Charu !!!

Should I ask for the copy of complaint. How can I obtain a copy of the same.


(Guest)
That you can ask them when you go there. Dont worry you wont get arrested..that i can assure you. Be assertive and firm and also dont loose your temper.May be someone has given this idea to your wife to call you at CAW and agree to her terms. My suggestion is that prioritise what you want and if she is not putting any dowry harassment allegations then you can consider her. Dont let your ego come in your way in deciding.

Vishal Kumar (Asst. manager)     12 March 2013

I tried my best to call her back. But she is driven by her parents. She has no regret for what she has done and I am sure if I give her another chance then she's going to backfire and this time it will be worse.


(Guest)

Keep kool vishal. I know we do get scared and fear from our past experiences.

What you are going through is exactly what everyone thinks. Even my parents think that my husband is abusive and if i go back ...he will do the same. And going forward it will be worst....so its better to get rid off that person.

But you need to read your wifes personality as well. If she is guided by her parents and is not realising then.....by the time she realises  it will be too late. One of my friend had misunderstanding with her husband and she filed 498a thinking that it is nothing...but now she regrets but its too late. Though i tried a lot to convince her husband...he asked me only onthing next time if she does the same thing ( 498a) he will be convicted and at that time will i come to his rescue?

I cant guarantee what she will do and what she will not. So i can relate to your situation. Because if i suggest you to get her back and she bites you...then you will have to suffer and not me.

So, you are the better person to judge her and deciede what she is. I hope she wont take any such steps to spoil your relationship further and you also try to see that if there is a chance for reconciliation.

And one legal advice if you tried to get her back...hope you have sent registered letter to her by post calling her back.

Manish Udar (www.Mehnat.IN)     12 March 2013

Go to CAW cell and have discussions with them, and explain your point of view.

498a wives

Mango (Consultant)     13 March 2013

Brother - Just make sure to consult some lawyer ASAP and file the divorce. Your lawyer may want to spice-up the matter with lot of content might be new for you but that you should okay otherwise there is not section under which you can get rid of this FEB problem. It seems to me that you are young enough to marry again so, with single piece of mind just get through it. I know, it will be hard initially to get rid from her; She will play all sort of drama but just keep your focus high.

Girls who goes into CAW cell does not have any respect for any of the family members that includes her own...

DON'T EVER LET HER COME BACK AT YOUR HOUSE; IF SHE TRY TO COMMIT SUICIDE YOUR WHOLE FAMILY WILL BE BEHIND THE BAR IN SAME DAY! NO MATTER WHAT SHE WRITES OR WHAT SHE DOES NOT WRITE....

AS OF NOW, SHE DIDN'T HAVE ANY EVIDENCE SO SHE IS TRYING TO PATCH-UP THE THING!!!!

Thanks,
Mango


(Guest)

Dont go alone to CAW, go with your lawyer to be on the safer side.

Vishal Kumar (Asst. manager)     13 March 2013

Thank you all for your valuable advise. I have decided to go along with my lawyer for the meeting with CAW. I will put up all my views infront of them and ofcourse I have decided that I am not going to patch up at any cost.

 

Now I have few more doubts :-

1) After listening to my views what will be the action of CAW cell. Can they convert the complaint into FIR the same day or they will first make us appear in front of the Senior Police officer. I mean will they inform me about the progress or do I have to file RTI.

2) How can I get the copy of complaint. Will they hand it over to me on after the meeting. Can we ask them to provide the complaint copy before the meeting. We can not send any letter as I have to appear in next 5 days and letter through registered post will take time to reach.

3) Can we immediately apply for the divorce after the meeting on the basis of mental cruelty. Also, since the matter is pending with CAW cell so will it affect/weaken our divorce petition in any way.

4) Shall we also apply for the AB on the basis of notice received from CAW or we should get the complaint copy first and then apply for the AB


(Guest)
Originally posted by : Vishal Kumar


Thank you all for your valuable advise. I have decided to go along with my lawyer for the meeting with CAW. I will put up all my views infront of them and ofcourse I have decided that I am not going to patch up at any cost.

 

Now I have few more doubts :-

1) After listening to my views what will be the action of CAW cell. Can they convert the complaint into FIR the same day or they will first make us appear in front of the Senior Police officer. I mean will they inform me about the progress or do I have to file RTI.

No need to inform.  You will witness the whole event.

2) How can I get the copy of complaint. Will they hand it over to me on after the meeting. Can we ask them to provide the complaint copy before the meeting. We can not send any letter as I have to appear in next 5 days and letter through registered post will take time to reach.

Write a letter asking for copy of complaint, they will give you a certified copy of the same.

 


3) Can we immediately apply for the divorce after the meeting on the basis of mental cruelty. Also, since the matter is pending with CAW cell so will it affect/weaken our divorce petition in any way.

Ask for 2 certfied copies of the complaint given by your wife.  Based on which file divorce petition ASAP.  Divorce petition different.  CAW proceeding different.  It wont weaken divorce petition.  More trouble they give you in CAW,                    more are chances of getting divorce easiliy


4) Shall we also apply for the AB on the basis of notice received from CAW or we should get the complaint copy first and then apply for the AB

 

Yes.

Vishal Kumar (Asst. manager)     13 March 2013

Thanks helping hand. Now I am confident of applying for the divorce petition side by side with the CAW investigation. We will submit a written application on the same day and will get two certified copies of the complaint. One for AB and other for divorce petition.

 

I will appreciate if legal experts can add value to this conversation.


(Guest)

Just my opinion..

Women who go  to CAW PS are not classy people.


Pickpocketeers, rag pickers, trouble makers, law breakers, rapists, theives are found in PS, not women who belong to good families.


What should be solved inside of 4 walls, the moment it goes out to a police station, the scantity of marriage is gone, forever.


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