My brother gets married in may 2017 after divorce from first wife (mutual). But the behaviour of his second wife was not good from the day one she came in our house. She starts tiffing on everything and after 4 day of marriage she slapped my brother while sleeping in bedroom and one day she also slapped when my brother was complaining about her behaviour to his father. Every time her family member pressurise us to tolerate her, they never told her to behave in good manner. And after 9 days of her delivery of male child she, her sister, mother and father make a big fight with us in our house. After that me along with my mother and other family member we left our house after filling a complaint in DSP Office against her under domestic violence (my brother and his wife and new born child was only left there). And we file case against them to vacate the house. Even after this her behavior toward the family does not change and she continues to torture my brother mentally and verbally. So after 4 month of her delivery one day when things become unbearable my brother also left the house to safe guard his self from her wife and in laws against their ill intension. And now my brother is living in rented room and filed divorce case against her (cruelty ground). In between all this she also filed a complaint in women cell against my brother. Now what we should do to came out of this and my brother gets divorce from her as soon as possible. Now as my brother already filed the case of divorce so attending CAW CELL is necessary or not, if yes then how to fight for right in CAW cell because CAW cell is not listening my brother they are favouring his wife. In last meeting she demand 25000 in cash even then my brother has already transferred the needful amount to her account. When my brother denied for money she along with her father snatched my brother’s phone. Now brother is afraid to go there in CAW CELL next meeting.
Your brother will have to attend CAW.
CAW is just a mediation cell, if reconciliation does not happen before CAW then the FIR will be lodged and in that scenario your brother may prefer a petition for FIR quashing in the HC.
Do go to CAW and lodge FIR against her if any such incident takes place again.
Regards
1) Your brother can tell that you all had left the house because of her torture behavior.
2) You brother can file case against her for RCR to save time being from other cases and than file for Divorce once the things are normal.
Respected sir...
If it is clear to you that your brother don't want to be with her anymore ...Just hire an good advocate and file a divorce petition unDer section 13-A of HMA ...That will be much better for you this is the only defence which you can get only when you file divorce petition prior to her ...As when she file first then we will not have any defence ...Just mention all the things in divorce petition these are sufficient for divorce ...
Thank you
1. If he does not appear before CAW cell the FIR will be registered, so he should appear. Even otherwise if conciliation does not happen before CAW cell the registration of FIR is imminent. As and when FIR is registered and your brother gets a notice he should apply for anticipatory bail.
2. He should not be afraid to go to CAW Cell. They cannot arrest him without serving a notice on him.
Your brother should attend CAW cell
2) mention about wife abusive behaviour
3) mention no reconciliation is possible
4( refuse to pay Rs 25000 per month as cash
5) pay maintenance as per court orders
India there are two divorce , Mutual Divorce and Contested Divorce. In mutual divorce both husband and wife jointly files a petition before the court but in a contested divorce either of the spouse files a petition before court for obtaining divorce from the other spouse on one of the ground mentioned in the Hindu Marriage Act under section 13.
In filing the divorce whether mutual or contested the first step is to consult a lawyer for getting legal advice. Divorce lawyers in India will assist, guide and represent you in your divorce proceedings before the court.
Answerd by Adv kavery Anand Bangalore.. sir ask u r Brother to click phone call recording And call her again she will talk something very bad to Ur Brother..and just keep taking continuesly.. then her bad conversation will get recording...
And when he will next attend CAW CELL.. then also ask Ur Brother to just click phone call recording.. and keep the phone in his pocket.. full volume...and if possible u help Ur Brother .. u just
video record when she will do cruelty on ur bother.. and submit in the court..
Answerd by Adv kavery Anand Bangalore.. and pl give RATING and feedback for appreciation.
if the women cell is related to police dept then you need to attend it once you get the summons. You dont need to forcible settle any matter with the women cell. you can proceed your divorce in court.
First i will tell you caw cell is particularly meant for benefits of women. you have to file a complaint under domestic violence Act in common court of law. But before filling a complaint make some strong evidence against her. Because once you file a complaint you have to prove her cruelty before the court of law. Caw cell will always favour to her
Hi,
Even after the divorce case is filed, your presence and putting your defence in CAW cell is necessary. You may make necessary complaint against her and her father in CAW cell higher authorities and other police authorities.
If your brother is afraid of visiting CAW cell, then he may take a lawyer with him who will stand by his side and ensure your brother is not harmed by those people before the CAW police.
The divorce case will go on as per the court schedules, your brother cannot do anything to hasten it up.
You can ask your advocate to put pressure on court if the opposite party is dragging on the issue adopting dilatory tactics.
Hello,
Appoint a lawyer and fight the case .
Regards
Your brother will have to attend the counselling sessions with CAW.
The best way out of this is a compromise/settlement.
Brother should go to CAW counselling and try coming out of this fuss by striking a deal with his wife.
again in CAW cell brother wife and her father snatched another phone from my brother along with around Rs.6000.00 in presence of ladies police officer. when my brother complaint about it to senior police officer they refuse to help. one of her relative is a SHO in Delhi police so they have strong influence there, now what to do before next session.
Lodge complaint with commissioner of police against police officer refusal to lodge FIR against wife and her father inspite of offence being committed in her presence
You can also lodge private complaint before magistrate under section 156(3) of cr pc to direct Police to investigate and submit report
Your brother should give a complaint in writing about the reluctant attitude of the police with the top police officer of the district and seek direction to the concerned police to retrieve his phone and the amount snatched away by his wife side people in the presence of police in the police station.
The police nexus and biased approach has to be exposed until he will not get any relief.
File a complaint before the police station, if they refuse to lodge a complaint then approach the magistrate.
Ask them to settle the matter out of the court.
Regards
Hi,
You need to file case at CJM/CMM court under section 156{3} cr pc for direction to police to register FIR.