• CWA and Divorce case

Hi My wife left me and went to delhi in [deleted] and after that me and my family have tried multiple times to get her back, she took my son along with her and now from last 2 year we don't have any contact. In oct 2015 I have filed the divorce case under cruelty and family court of Bangalore put on on Ex party and on last day when I suppose to get 90 days window, her lawyer came with supreme court stay order for the same. 

She has filed the CAW complaint also till now I have just received the 3 emails to appear before CAW. I haven't received any written notice. CAW told that they have sent to my native where nobody is staying so they only communicate over emails. 



My questions are

1. She took stay in both cases a) property and b) divorce case, now since property belongs to Bangalore and me , my mother and my wife are 3 owner of the property. My mother is going under cancer treatment and just she underwent major surgery. so when property and 2 owner are at bangalore out of which my mom aged 66 can't travel to delhi. so Does property my wife can tranfer to delhi or not?


2. If matter is judiciary, is it compulsory to go for CAW? because I don't want to stay with her and its she who left me and I have tried everything to get her back beyond my capacity

3. We have booked one property also on 3 names. Me, my mother and my wife on joint loan and since property is ready from last 2 years but she is not ready to sign and due to which I can't move to my flat and force to stay in rented house so all to gather I am paying close to 85000 monthly on emi and rent which is 85% of my salary, Now she has also filed the Maintenance case in Delhi, she is also working woman and earning near to 60-70K, I have lost 30 lakh rs due to her attitude on emi so what should I do.

My divorce case was ex party and now can we ask supreme court to move it back to bangalore?
Asked 7 years ago in Criminal Law
Religion: Hindu

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4 Answers

1) oppose grant of stay as your mother is cancer patient and needs treatment in Bangalore

2) objective of CAW cell is to help parties arrive at reconciliation , you should appear before CAW cell

3) working wife is not entitled to maintenance as she is earning Rs 70000 per month income

4) SC would not transfer divorce case back to Bangalore as convenience of wife is taken into account

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1) request CAW to give at least 7 days prior intimation of date fixed to enable you to book your tickets

2) if you don't attend CAW session then FIR would be registered as reconciliation failed

3) notice would be issued to you by police under section 41A of crpc to record your statement

4) you would not be arrested directlly and sent to jail

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. The property cases can't be transferred to other place out of the location.

2. The divorce case is different to that of the criminal complaint before caw cell.

You can decide about attending caw cell.

3. You can file a counter repudiating her claim based on the facts.

For the jointly owned property you may send her a legal notice instructing her to do the needful at the earliest failing which you can proceed legally.

If the divorce case has been disposed then there is no need for this.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

The caw cell can't register for.

They may recommend local police to do the same.

However they cannot instruct Bangalore police to arrest you.

It is not maintainable.

You need not worry about it.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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