Hello,

name of parents is also there in the FIR in which the charge sheet bas been filed?

What allegations have been levelled against them before the CAW. 

please elaborate the facts in detail so that a concrete advice can be rendered.

Regards

Ask your parents to write a letter and intimate CAW in written about the matter in which charge sheet has been filed and that it pertains to the same facts and same set of allegations and that they will be participating in the trial. 

Regards

Proceedings in the women commission are not mandatory in nature and it is at the option of the party whether they want to attend the same or not. Even if they give any decision is not binding on the parties.

Appear before the court when you get summons. Also apply for anticipatory bail before sessions or High Court as charge sheet has been filed by the police. Without AB, you can be arrested.

Even if your parents name is also in the FIR, they cannot be forced tu to attend  the proceedings at women cell. You should consider giving a return reply to them asking them that you are not interested in settling the matter out of the court and want to contest the trial trial. 

If you have evidence to prove that their cases are fabricated and concocted and just filed with the intent to implicate you and your family in false criminal cases, then you should consider filing a petition for quashing of FIR under section 482 of the CrPC in High Court.

First of all you need to go to the High Court and file a writ to quash the FIR . The High Court if not quashing will direct the women commission and police for not to harass the accused.

Please remember to rate the answer if you like it.

Ask you parents to submit all details of running cases in the court and give reference about it. That no need harras and call again and again. Either run this case or court case. And withdraw any one of court cases.

your parents should refuse to bow down to pressure tactics 

2) take the plea that dowry harassment case is pending in court and shall be contesting the case 

3) you cannot be forced to settle 

No need to bow down to pressure tactics 

2) contest both the cases

3) no need to keep on appearing on every date before human rights commission

Ask them to avoid them, WC cant do anything against them.  Since the CS has filed , now matter is in court. None left any say in the matter. WC - Police etc.

Or ask them to file protection petition before collector against WC under senior citizenship act.

Dear Sir, 

Such things being happening frequently and only remedy for your parents is to approach High Court and get a Direction against such Commission appropriately. 

1. Since charge sheet is submitted your parents can try their luck by filing a quashing petition.

2. Ignore the people from Mahila Commission and if they threaten and abuse to much then you can file case of criminal intimidation and extortion against them.

3. If your wife is unemployed then you can not avoid her maintenance. 

Very simple file a case in district court against all under senior citizen act including your wife through your parents under extortion and criminal conspiracy and pull of them for evidence

1. Hope you and all the accused have availed anticipatory bail against the FIR registered u/s 498A of IPC based on the police complaint lodged by your wife.

2. Women's Commission not necessarily take side of the wife. Now a days, they have been found to take sides of the old and ailing parents of the husband. However, it is a necessary hazard which your parents shall have to face. Ask them to be extremely polite and co-operative with them to escape their further calls.

3. Your most important issue is the 498A case which you shall have to contest fittingly finding faults with teh charge sheet submitted by the IO.

Hi 

Since there is already a 498a case and also 125 CrPC(maintenance case) is pending, women commission might not have any role to play as the role of women commission is primarily a reconciliation procedure. 

You may approach the high court and obtain interim injunction against the women commission from further harassment 

Hope this information is useful. 

1. Section 498A is a non bailable section for which bail or anticipatory bail  shall have to be availed from the Court.

2. Police station bail can not be granted to the accused u/s498A of IPC. Please check up the matter thoroughly when you come to India.

3. Contest the cases fittingly after availing bail after coming to India  if the same has not yet been availed by you.

See your parents may furnish one time written reply and can file an application there stating that they are not able to attend same due to there old age further she has already filed cases in court so they will contest same there. 

See if the charge sheet is submitted and the case is false as in no primary evidence your parents may apply for discharge before the trial court. 

When chargesheet is filed you dont have to attend the investigation of state women commission. You can tell them that if needed they may send you summons and then challenge the same in court if found harassment

You should make them write an application that they are unable to travel die to old age and hence some other way must be found for the resolution of this dispute.

Moreover if she is your ex wife then how come she is filing 498A now? Was settlement not reached at the time of divorce?

Regards 

If the charge sheet has been submitted then there is no need for them to go there.instead prepare for trial. 

Please engage expert advocate. Make a proper representation and apprise the women's commision regarding the true facts.

The state women commission cannot impose any condition on your parents for any reason.

If they still insist on their presence frequently then your parents can avoid visiting them. The commission cannot do anything about it except to remain silent there after.

They may pose to be very powerful but actually they are toothless and cannot force anyone at their whims

You should file a quashing petition in high court or may file discharge petition before the magistarate where ur case is pending for trial.if discharge petition u.s.245 rejected than u should go in high court for quashing u.s.482 of crpc.

The 498a case is a criminal case being tried by judicial magistrate court.

They can obtain dispensation order by filing as petition under section 205 cr.p.c. seeking to dispense with their personal appearance before court owing to their old age ailments and other practical difficulties.

The other things like false allegations can be challenged during trial proceedings properly.

1. Women Commission cannot punish your parents. Your parents are free to ignore what they say.

2. Since your parents have been granted bail and the matter is in the court it is inappropriate for Women Commission to even intervene.

Dear Madam,

Now the problems of Senior citizens can be resolved immediately under the latest Act i.e. Senior Citizens Act.  You please contact any of the local advocate and ask him to file necessary application before Sub Divisional Magistrate(SDO) seeking an injunction order against them   Few FAQ's are as follows:

http://socialjustice.nic.in/UserView/PrintUserView?mid=52569

What are the provisions for protection of life and property of senior citizen provided in the Act?

Ans. The Act requires the Central Government and State Government Officers, including the police officers and the members of the judicial service, are given periodic sensitization and awareness training on the issues relating to this Act. Further, the State Government shall prescribe a comprehensive action plan for providing protection of life and property of senior citizens.

What are the provisions for prevention of abandonment of senior citizen provided in the Act?

Ans. The Act provides that whoever, having the care or protection of senior citizen leaves, such senior citizen in any place with the intention of wholly abandoning such senior citizen, shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both.

What is the monitoring mechanism for implementation of the provisions of the Act by the States?

Ans. The Central Government may make periodic review and monitor the progress of the implementation of the provisions of this Act by the State Governments.

National Policy on Older Persons

If you have evidence to prove that the allegations are false then you should either file a discharge application before the same court or file a petition under section 482 of the code of criminal procedure for quashing of the charge sheet. As far as the protection of your parents is concerned you should file a petition before the high court under article 227 of the Constitution of India for a stay of the proceeding pending before the women Commission. However, women commission is a Quasi-judicial body but without any reason, the Commission cannot harass the parents if they have no role in the commencement of the said offence. In this condition, the proceeding before the women Commission maybe stayed by the High Court.

Dear Concern,

01. I would suggest you to file a Writ Petition (Criminal) before the concern High Court of the jurisdiction where this state commission is and the other cases are going on. State in the Petition as to how you and your parents are being harassed by the commission and other authorities despite knowing that your case is before court and law states that a case pending before the court shall not be entertained by any other authority in any circumstances. 

Make State Commission and other authorities who are harassing you a party to this case. You will get a stay in the case and you along with your parents will come out of the picture. Later, contest this case and seeks favorable order from the court so that State Commission, its authorities, your wife and her advocates gets to learn as to what is meant by legal proceedings. 

02. For all other cases which are criminal in nature and are pending before the court file a Quashing based on merits of the case under section 482 of the CrPC. Get stay on all the matters and later contest and win it in your favour. Let your wife and her advocate have the taste of their own medicine. They will get to know the reality of their fake propaganda once they will be before the High Court. 

This way you won't have to travel all the way long back to India to contest the cases. You will be free bird. 

03. For other cases (Divorce, maintenance etc) contest it before the lower court with your full might. Once your wife and her advocate will see that nothing is coming out as per their expectation they will come to you seeking settlement. 

Hire a good advocate for yourself pay his or her required fees and move ahead as I have advised you. 

My best wishes to you. 

1. You should send your advocate to women commission next time they call your parents for out of court settlement.

2. It is not mandatory for your parents to go to state women commission once the case have come to court for trail.