Does CAW cell really work in favour of victims
Dear Experts , I need to know about CAW Cell in Kolkata I am faving lots of problems from my husband and in laws but I am not financially so strong so I don't want yo take any action which needs lots of money and time . So I decided to take help of CAW Cell but some of knowledgeable person are saying they are useless don't work and they also don't have any legal back bone they will support only the party which is financially strong they don't care about pain of victims .
My question is what should I do
Asked 4 years ago in Family Law from Kolkata, West Bengal
well you can contact Mr Ganguly from this website . he is from kolkata and can guide you as to the functioning of CAW cell in kolkata .
1. CAW cell has no existence in Kolkata.
2.In WB or in Kolkata to be specific if any complaint is lodged by wife, the Police is equipped to register FIR straightway and may not wait for causing necessary investigation.
3. Fortunately courts are conscious about misuse of 498A cases and in appropriate cases do apply its judicial mind to grant bail.
4. To minimize the effect to take some pre-emptive measures.
1. Lodge a well drafted police complaint u/s 498A against those who subjected you to cruelty giving location & time of the incidences faced by you,
2. Try to collect evidence in support of your such complaint,
3. Your husband & others named in the said complaint will be arrested if you can produce proper evidence in support of your complaint,
4. They will be prosecuted according to law,
5. Avoid lodging police complaint out of sheer vengeance on your husband &/or his family members without any supportive evidence since it may back fire later on.
1. Mr.Barman has already mentioned that CAW cell doe snot exist in Kolkata.
2. You should lodge a flawlessly drafted complaint against your husband. Get it drafted from a lawyer. If your complaint reveals violation of law by your husband and in-laws then they may be arrested and prosecuted according to law.
3. That police in India takes sides with those who have thick pockets is a well known fact. In the event that you are denied justice by police you may move to court.
1st of all I want to thank you all for our valuable advice,caw cell means iI was talking about women grivence cell crime detective dept in lalbazar. If I wish to file 498a against husband and in laws , I am not getting what kind of evidence I need to collect coz Frm last 2months I m at my mom place and won't have medical docs for any incidence. I m not financially so strong but I want Justis . Pls guide me what is appropriate solution for my problems.
Asked 4 years ago
1.For filing a 498A case you do not need proof just right now. Lodge complaint anyway. Case will be started.
2. You can take Free Legal Aid from the local court of law.
Barman sir thanks but after filling case I need to prove it na , I know I am not misusing law I am having voice recordings of my husband while talking with sister in law and accepting that his mother used abusive words for me even he is also using abusing words for me in front of her and they all guiding him not to share room and other things can I use this an evidence for proving that I am not misused 498a I am real victim of mental torture and domestic Voilence . If I go for free legal Aid I am concerned about my evidence and proof that may be in laws try to bribe my lawyer coz they done twice in local PS wen I went to lodge FIR
Asked 4 years ago
if you are a victim of dowry harassment and if you have been subject to cruelty by your husband and in laws go ahead and file complaint under section 498A . in the alternative you can file domestic violence case and seek protection order from court . you can rely upon the voice recordings in support of your case .
you can contact MR Barman /Mr Ganguly from this website in case you desire to engage their services .
contact district legal aid service in your area for free advise and another legal work, due to women you can get all legal assistance free of cost and they will provide you a lawyer for fighting your case.
Advocate, New Delhi
Since you are a victim of dowry harassment and domestic violence you may set the legal process in motion by filing a complaint related to dowry harassment and also a case for domestic violence in court. Court may issue an order granting protection to you. You may also seek maintenance from your husband. The voice recordings in your possession may help you in court.
Thank you is a very small word for expert guidance given by you all .. just one last question can I file DV case for protection and maintance and 498a case for harrasment and dowry demand together .
Asked 4 years ago
Ye, you can file all the cases simultaneously.
However the trial o 498A and DV case shall be held separately but may be in the same court.
yes you can file both 498A / DV case simultaneously . trial shall be held separately