• CAW Cell forced to sign assurance letter

My wife filed complaint at CAW cell alleging physical and verbal abuse related to 498a grounds. Complaint was not shown to me but I believe there are photos and also a medico legal for non major which are falsely blamed on me. After wps hyderabad counselling we both agreed to resume marital relation. We are Hindu and have a small child. However I was forced to sign a forced assurance that "whatever is stated in the petition I will not repeat again else legal action will be initiated on me". I objected that this is acceptance of guilt, but wps officer said you either sign this or cases will be initiated against you and dictated the letter and asked me to sign it. I was not given notice of appearance despite asking, not shown petition, not given petition copy. I will try to get it via rti Will this be taken as acceptance of guilt from me going forward in the future if cases are filed on me? Should I send a registered letter to wife saying it was a reconciliatory statement and not confession? Or can I file a non-actionable complaint with human rights comission?
Asked 14 days ago in Family Law
Religion: Hindu

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7 Answers

The statement got signed by police is illegal. Police cannot bring it to light, that will go against them. Any complaint against the recording of statement by police will give legitimacy to the signed statement. The best strategy is not to take any action against the statement or at the most file a RTI which  the police will reject stating there is no such statement recorded.

Ravi Shinde
Advocate, Hyderabad
1441 Answers
16 Consultations

5.0 on 5.0

1) it would be taken as acceptance of your guilt 

 

2) you should write to caw cell that you were forced to sign against your will for purpose of reconciliation 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

Give a registered letter to the CAW demanding to provide a copy of the complaint petition. Clearly state therein that you had been forced to accept the complaint without knowing the facts and contents of the complaint. 

Give a copy to District SP. 

No need to communicate with your wife in this regard.

Your signed letter shall not have any legal validity in absence of you are not being properly informed of the facts and contents of the complaint agsinst you.

Either you can remain silent after giving a letter as stated above or you can initiate legal proceeding against the erring CAW officer by filing a Writ in High Court, if you are not responded accordingly.

 

Kallol Majumdar
Advocate, Kolkata
2800 Answers
7 Consultations

5.0 on 5.0

Whatever you have given in writing before police satiation is not accepted as evidence before court especially if you state that tit was forced on you.

Besides, you pretty well know that the complaint is given on false information, hence the complaint also cannot be taken as evidence for future cases, therefore you just ignore this and proceed instead of wasting your time on unnecessary issues. 

You don't issue any letter to your wife also because she may be provoked by yor letter and may resort to similar criminal complaint once again.

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

- As per law , if any compliant against a person has filed before the CAW cell , then the authority is bond to deliver one copy of the compliant to the other party .

- Since, no copy was supplied to you for the said compliant by your wife, then you can lodge a complaint before the higher official or chairperson of the CAW CELL.

- Further, as you was forced to sign over the settlement paper without taking your consent , then it will have no impact if a case filed against you in the court. 

- Further, the statement given before the police station or such type of cell having no legal evidence , and you can deny the same. 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

Yes you can file a reply and complaint through lawyer

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

Dear Client, 

As you have signed, it is objective that you have accepted your guilt and chose to resume marital relations. You can not get the notice of appearance or petition through RTI. Sending your wife a letter stating that it is not a confession will not suffice for future cases. Therefore, filing a complaint with the human rights commission for the forced assurance is the best option. 

Thank you. 

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

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