RAGHAVVVVV (OP) 27 October 2010

verrrryyyy urgent

Dear all experts

My wife has filed a case against me in crime against women cell,delhi.

Sir/Madam. I am posted in Ahmedabad as i am a officer in Bank.I got a notice from CAW requesting me to appear for reconciliatory proceedings.But due to my job and not availability of leave i could not attend
the CAW on said date. My father appeared before CAW cell instead of me.The Investigating officer told my father that your son will have to appear before CAW cell and record his statement before me so she gave next appearance date as 9-11-2010.She will send another notice to me in GUJARAT through SSP office,gujarat.

She also told that your son has to come every week on each date.Sir ,Problem is that it will be very costly
and painful for me to come after every week in Delhi.

Sir ,My wife and my in-laws are very shrewd people and they know that I can't join CAW cell
frequently that is why they are harassing me by filing complaint against me in CAW cell.

Also the Sub-inspector is threatning my father to make me appear before her else she will
file case which will ruin my career.

My wife parents are demanding Rs. 10 lacs for settlement but the fact is that we have not taken a
single penny as dowry.

Please advice whether is this mandatory for me to appear before CAW cell.?

If my father appears instead of me ,IS this not enough?

Can i give them my statement in written stating my points and send it by post?WIl that be not enough?

Please also advice what are the powers of CAW cell? How can i save from these money grabbing CAW cell officials?

Please help me ALL experts?

With warm regards and thanks

RAGHAVVVVV

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4 Replies

H. S. Thukral (Lawyer) 27 October 2010

You had already posted this problem of yours few days back and suggestions were given by some of my ld. friends . What is new now?

Avnish Kaur (Consultant) 27 October 2010

have a good lawyer.

adv. rajeev ( rajoo ) (practicing advocate) 28 October 2010

Repeated question. it is already answered. Follow the advises of the learned members

shashank anand (Legal) 28 October 2010

Crime against Women Cell (CAW) does not have powers to even secure the presence of the accused husband or his parents or his relatives named in the complaint of wife by use of any coercive powers of sending summons etc. At the most the Crime against Women Cell can only send request letters to the accused to appear before it for conciliation purposes.

In W.P. (Crl.) No.1032/2007 and Crl.M.A.No. 8989/07 on 10.8.2007, the Hon’ble Delhi High Court has again held that 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 it 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.

Moreover please check the jurisdiction of the authority to hear your case.