• Importance of CAW complaint

Dear sir/madam,
After desertion of 14 months, wife has filed complaint with CAW cell in Delhi and in that complaint itself, she has also mentioned istreedhan list. She has complained that i hit her on my mother's orders and demanded dowry and also that i am impotent and when she reported this to my father, my father did not give importance to her complaint. she also said that i did not make any sexual contact with her in five months of marriage and that i admitted later that i m impotent.
1.  my question is can this report be changed at the time of FIR and other members of family be added?
2. in the last two caw visits, she was absent. what can this mean?
3. how severe are these charges and what sections we can be booked?? 
thank you in advance.
Asked 1 year ago in Family Law from New Delhi, Delhi
Religion: Hindu

1) if your wife is remaining absent she may not be serious in pursuing the complaint . 

2)Delhi High Court has held that CAW Cell has no authority to secure the presence of any person either by coercion or by threat. CAW Cell is only a conciliatory body where efforts are made for conciliation with the free will of the parties. If any person is not willing to go to CAW Cell, he cannot be compelled. You are at liberty not to appear before CAW Cell.

3) on basis of CAW report FIR can be registered under section 498A read with section 406 of IPC 

4) you can seek Anticpatory bail from session court if FIR is registered 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
1. Yes if in the CAW cells you don't make any compromise the cell may register FIR on the basis of complaint and report.
2.  If she remains on 3rd ocassion also then the complaint would be dismissed.
3.498a, 406 ipc are standard section to be applied herein.
Devajyoti Barman
Advocate, Kolkata
5174 Answers
54 Consultations
4.9 on 5.0
Hi
Try to compromise and see  if this can be end in the CAW cell finish it.
In case the settlement cannot happen due to your wife's demands, apply for anticipatory bail for you and your family.
There can be an FIR under 498A and406 and other sections if any physical abuse is alleged
In case of a FIR police will give you notice as per the provisions of Crpc and supreme court guidelines, so that you can give your reply and they complete the investigation . in 498a arrest is certain so it is advisable if you think there can be an  FIR  then apply for anticipatory bail in the sessions court.
If  she was absent , this could mean she is not interested in the proceedings and may or may not continue with it.
 There could also be a chance she may be advised to move to court to file petitions for , maintenance, domestic violence or divorce etc.
The sectioned you can be booked is under 498A A IPc and 406
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Once the FIR is lodged no changes can be made. She may demand divorce on these grounds u/s. 13 of the Hindu Marriage Act 1955.

If she is leveling charges against on grounds of impotency the court will grant some more time to you to consummate the marriage. Rather if you are able to consummate the marriage then you may file a case against her for mental harassment and cruelty. 

If she has submitted streedhan list then she is intending to divorce you.   

Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
331 Answers
7 Consultations
4.1 on 5.0
1.  She can add any other name while filing FIR which you can not stop. You shall have to contest it fittingly before the Court,

2. It means that she has filed the CAW complaint as a formality and will take up the matter appropriately by filing FIR,

3. You shall be punished if she can prove that you had bitten her which is almost impossible. There will be no punishment for being impotent. You might have to pay maintenance or alimony/compensation in case she files Divorce Suit.
Krishna Kishore Ganguly
Advocate, Kolkata
12055 Answers
228 Consultations
5.0 on 5.0
The police may act in any way depending on the greasing of their palms. So it wont be a surprise if the other members are also included in the FIR at a later stage.  You may obtain AB for them at that time.

If she is continuously absent in the CAW cell, you may insist this and ask the CAW police to close the complaint for the reason that the complainant is not interested in pursuing the complaint which is factually false. absent 

On the face, the charges can be booked under sections 406 and 498A of IPC and 4 of DP act, but who knows what all the police will frame besides these.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
CAW Cell is only a conciliatory body where efforts are made for conciliation with the free will of the parties.
If the complainant is absent then the application will be closed.you can expected if she move forward to police / court  and file  complaint under 498a, 406 ipc.
Ajay N S
Advocate, Ernakulam
1909 Answers
19 Consultations
5.0 on 5.0
1. The report cannot be changed at the time of lodging of FIR, but your family members may be added.

2. If she does not turn up at the next sessions of the caw cell then her complaint should result in dismissal.

3. You and your family members should seek pre-arrest bail from the court to preempt your arrest.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Dear Querist
My opinion on your queries are as under:

1.  my question is can this report be changed at the time of FIR and other members of family be added?
Opinion: It may be possible, it will be better for you to file an application under RTI and get the same and after that there is no chance to change the report/complaint.

2. in the last two caw visits, she was absent. what can this mean?
Opinion: It is the matter of harassment.

3. how severe are these charges and what sections we can be booked?? 
its depend on the allegations. 498A/406 of IPC
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0

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