• Letter received from CAW cell Delhi

Hello,
My elder brother n his wife are living separately from last more than 4 years. They got married in May 2011. She works in Delhi n brother in different city. Due to issues they do not like to live with each other and because of which my father has separated them from house and property because brother's wife had been given threat to my parents of dowry and will logdge false cases against them. Now she has lodge a complaint in CAW cell. From our side court has been sent 3 letters to my brother's wife to let her present in court regarding the sapration and put her statement if any for the same but she did not come there and now we have received a speed post from CAW cell for the name of my father mother n brother. Please advice what we can do to save us.
Asked 6 months ago in Family Law from Moradabad, Uttar Pradesh
Religion: Hindu
The CAW cell has sent the notices based on her complaint. You may have to appear before the CAW cell on the specified date and give your statement.  The documentary evidences of the pending court cases may be produced before them and a request may be made to close this complaint advise her to attend the case filed on her because she has lodged this complaint as a retaliatory action to the court case seeking divorce. You can also mention that asthey were living separately for more than four years, there are no chances for any such offence hence the complaint is obviously a false one.  Despite that if the CAW is acting arrogantly then you people have to take anticipatory bail and face the charges in the court during trial. 
T Kalaiselvan
Advocate, Vellore
13911 Answers
127 Consultations
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1) your parents, brother should attend the CAW cell on date mentioned mentioned in letter 

2) the objective of CAW cell is to help parties arrive at an reconciliation 

3) CAW Cell has no power to investigate the crime. It is not a police station where FIRs are registered. Investigation in any crime can be done only after registration of FIR. CAW Cell only makes reconciliatory efforts between the parties that also up to the stage of pre- registration of FIR. 

4) only if there is no reconciliation then FIR is registered . 

5) obtain Anticipatory bail if FIR is registered
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
IN THE HIGH COURT OF DELHI AT NEW DELHI

10.08.2007

Present: Mr. Keshav Kaushik, Advocate for the petitioner.

Ms. Mukta Gupta, Standing Counsel for State with

Ms. Rajdipa Behura and Mr. Akshai Malik, Adocates

W.P. (Crl.) No.1032/2007 and Crl.M.A.No. 8989/07

It is stated by the counsel for petitioner that CAW Cell was threatening the petitioner for appearance. It is made clear 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. It is also directed that CAW Cell, in future, instead of issuing summons to the parties shall send request letters asking them to appear for the purpose of conciliation and not for the purpose of investigation. The petitioner is at liberty not to appear before CAW Cell. No threat or coercive steps shall be taken by the CAW Cell. No further direction can be given by the Court in respect of respondent No. 5, who according to the petitioner has refused to accompany him. It is alleged that she was living under the influence of her parents. Earlier when she appeared in this Court, she was living with the petitioner. She refused to meet her parents at that time. If the respondent is such an immature lady that when she comes under the influence of petitioner, she refuses to meet her parents and next time when she comes under the influence of her parents, she refuses to meet the petitioner, the Court cannot help the petitioner. The petition is disposed of in above terms.

SHIV NARAYAN DHINGRA, J.

August 10, 2007
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
The court does not send letters, it send summons. Your brother should appear before CAW cell and put forth his defence. If the FIR is lodged he should apply for anticipatory bail so that you do not face arrest and detention. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
You have to somehow confirm registration of FIR by CAW cell through your own source or by engaging an advocate who will clarify the same by verifying it from the CAW cell. 
Once there is a FIR then it would be better to obtain AB for all and then attend the investigation session.
The separation of your parents from your brother has nothing to do with the FIR or the false complaint against them too.
T Kalaiselvan
Advocate, Vellore
13911 Answers
127 Consultations
5.0 on 5.0
1)if FIR has been filed you would be issued notice under Section 41 A of Cr pc . 

2) you and other accused would be called upon to record your statement 

3) as intimated to you in my earlier reply objective of CAW is to only help parties arrive at an reconciliation 

4) CAW does not investigate the complaint filed 

5)wife can frame false case against your parents under section 498A but they would easily get AB from sessions court 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
1. A lawyer will be able to find this out.
2. Apply for anticipatory bail.
3. If and when the case is registered then contest it fittingly in the court after obtaining AB.
4. Your parents too may be named in FIR but they may apply for quashing of the case. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
What you need urgently is AB, so apply for it the moment the case is filed. Once AB is obtained thereafter you have to assist the IO in investigation.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
The CAW cell can mediate between the couple (warring parties) but they have no right to compel anyone to obey their decision.  They cannot make any decision agaisnt one's interest.  If the CAW cell officer is doing an excess act you may issue a legal notice to him/her  to refrain from compelling or putting pressure on your father to accept their decision and if they do not stop their atrocities, your father may make a complaint with the human rights commission for their excesses.
Be in touch with your lawyer.  She would try to implicate in more criminal cases, but you can challenge the same in court accordingly.
T Kalaiselvan
Advocate, Vellore
13911 Answers
127 Consultations
5.0 on 5.0
1) daughter in law has no rights to stay in father in lW residence 

2) if your father has filed case against his son and daughter in law restraining them from disturbing his posssession  of the house DIL cannot claim right to stay I said house 

3) if any marriage expenses have been incurred by girl parents she cannot claim from her husband . It was done on their own free will 

4) if false FIR is lodged obtain AB from sessions court. 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
Dont worry about the threats of the officer in the CAW cell, they are trying to put pressure on you people to accept the girl side's decision being loyal to the graft received from their side.  A complaint may be forwarded to the higher police officer against the CAW officer with a copy endorsed to the State Human rights commission for violation of human rights.
Allow her to make more mistakes by filing false cases one after the other, all these will turn against her once they come for trial before the court, for the present you people should not accept her unjustified and unlawful demands, obtain AB wherever necessary and go ahead to challenge her false cases properly.
T Kalaiselvan
Advocate, Vellore
13911 Answers
127 Consultations
5.0 on 5.0
1)we had already advised you that your father should move court and obtain injunction restraining daughter in law from disturbing his peaceful possession of the house 

2) in case any FIR is filed  under section 498A obtain AB from sessions court 

3) brother can file for divorce if he does not want to stay with wife 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
The next step will be the lodging of FIR, so you should apply for anticipatory bail as and when that happens. If your brother does not want to reside with her then he can stay apart, and if she files  a DV case to seek residence order then he may contest it fittingly in the court. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

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