Hi All, The Women cell is authorized to sign MOU between husband, wife and parents? if yes, my wife wants to sign MOU by me and by parents she need in writing from parents not to use abusive language in MOU, I have strong doubts she will use that MOU to file another case against my parents, did MOU can be used to file case in court? FIR. How can I save my self and my parents to get out of this trouble?, as she is not ready to close the case and demanded this MOU conditions. in CAW with specific words like abusive. must be mention in MOU. even CAW I.O officer pressuring me to write and sign. or else I have to suffer in court. my in-laws interfering in my life as well since very long time and advising her daughter to do all these, I wants my in-laws not to do any kind of role play and sign MOU with conditions. I need draft letter to be prepared so that letter I can use in CAW for MOU terms and condition and get it signed by my Wife and her parents, I hope this will be best approach to save myself and my parents, sister as well. if she refuse to sign, my conditions letter. please advice how I can proceed further Note: I have next date is on 29th May'18. Please send draft letter by email [deleted], Regards, on other side my 50% salary is already accepted by me even is she is working. Thanks & Regards,
1) In Women Cell don't accept any conditions of her and rejected all what she us asking and come back home on 29th May 2018.
2) If she is working women than don't pay alimony or maintenance at all. Let the court devide what to pay and what not to pay.
3) On 29th May 2018, ask your lawyer to file RCR case against her under section 9 of HMA and anticipatory bail, to save you and your family.
1. SEE MOU is between the parties, it is for compromise so that the complaint is taken back no FIR is filed so in such cases Memorandum/ compromise can be made between parties before police to reach om compromise.
2. Donot sign any paper stating abusing language beating or anything if it is not simple compromise it can be used in future by your wife.
3. IO cannot pressure you signing MOU in case you don't sign MOU they will File FIR and have to start the investigation against you.
4. See MOU are not ready made drafts it's agreement wherein condition according to client can be added so you can engage an lawyer to draft mou for you according to your terms.
5. Further in case criminal case is filed, seeking Anticipatory bail , in 498a also there is no direct arrest so don't worry it will sent to family welfare committee and as soon as there is a report after mediation in family welfare committee you can file quashing petition before high court.
1) objective of women cell is to help parties arrive at reconciliation
2)hence MOU can be entered into between husband , wife and parents
3)you parents should not sign any MOU
4)do not bow to blackmail tactics
5)you can contact any local lawyer for drafting MOU
Dear Sir,
You may go through the following website which gives you full idea
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https://www.shoneekapoor.com/crime-against-women-cell/
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When a 498a complaint is made by a genuinely aggrieved wife, or by a wife who is making a false complaint to extract money or to torture her in-laws, there is a procedure which is followed by the police. This procedure is based on the assumption that this is a dispute between a husband and wife, and that the state should try to not enter the space which is shared by husband and wife, and let them resolve their dispute between themselves. As is well known, the wife makes her complaint at one of the many CAW cells all over India.
However, in this procedure, the party which does not want a compromise or settlement is put in the driving seat, and this party can drive the proceedings to a juddering halt and render them a complete waste of time. The wife is always given the first chance to play the spoilsport.
The first step in the CAW cell process is the counselling of the wife on the day when she visits the cell with her complaint. They tell her her rights and limitations, and the rights and limitations of the husband, and the path that will be followed during the whole process. The wife gives her complaint in writing to the department at this point of time. The complaint is referred to the legal cell of the CAW cell. The legal cell goes through the complaint and makes its recommendations. Theoretically this opinion is regarding whether to proceed or not to proceed with the complaint, but nobody knows about any example where any complaint was not proceeded upon. So you can assume that the complaint will be proceeded upon by the CAW cell. However, if no offence is made out against one or more persons mentioned in the complaint, then those persons will either not be chargesheeted by the police at the women's police station / mahila thana, or they will be acquitted by the judge.
After the legal cell makes its recommendations, the complaint is forwarded again to the DCP or JCP who is in-charge of the CAW cell. At this stage, an enquiry officer is appointed by the department, and this appointment comes directly from senior-most level in the CAW cell. The enquiry officer is usually a woman, and she is under instruction to have her sympathy for the wife (though this does not always happen). The enquiry officer is normally a senior officer not below inspector rank, with at least 20 years of experience. At the stage immediately after appointment, the enquiry officer meets the wife and her parents. She tells them again the whole process, and they tell her how they wish to proceed.
The main court decisions which act as the basis for the work of CAW cells throughout the country are Joginder Kumar vs. State of UP (Crl. WP 9 of 1994) (Supreme Court), D.K. Basu (DK Bose –MU) vs. State of West Bengal (Supreme Court), Court on its Own Motion vs. CBI (Crl. Misc. 3875/2003) (Delhi High Court), Chander Bhan and Anr. vs. State (Bail application 1627/2008) (Delhi High Court, Kailash Gambhir J.), and most recently Arnesh Kumar vs. State of Bihar. All theses decisions prompted DGPs of various states of issues guidelines. Delhi was one of the first to do so, and former police commissioner Yudhbir Singh Dadwal's standing order no. 330/2008, issued in this behalf, can be downloaded here (external resource).
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https://mehnat.in/caw_cell_procedure.html
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If you are not willing to agree for the conditions she is trying to impose in the proposed MOU, you may ask her to proceed legally which can be challenged in the trial court accordingly, by first obtaining AB.
If you want a draft MOU to be prepared you can engage the services of a local advocate who can guide you properly on this.
Dear Client,
Such clause will amount to admission that abusive language used against her/she has been abused. Not advisable.
Don`t come under pressure.
She can claim 25% of salary as alimony,
Contact for draft.
Hello,
Do not make any such clause which shows that there has been a cruelty on your part.
If a settlement is being done then the same has to be done on mutual terms without starting a blame game.
Regards
