Shahid (Procurement) 14 July 2014

Caw's 2nd and last warning, even i am abroad

I am presently posted and working at Jeddah, Saudi Arabia, my first wife who is my legal wedded wife per muslim law and residing at Delhi in my own purchased 100 sq ft Flat , fully furnished with all amenities, i.e. AC TV, washing machine etc and getting regular her entire necessity of life by me, Every month I am remitting the money to her personal account. My first wife is issueless, as she was having chronic Disease in her Uterus disease since long time, even before my marriage and later on is diagnosed Cancer by INDIA and UK Fame Gyne Doctor Banerjee i Kolkata and upon doctor recommended the uterus removed in AIMS. Note that,prior to this I have also done three attempts for IVF in Ganga Ram Hospital, that also failed, spend several Lakhs of Rupees. And then, after loosing all hope, then, 2 years back I got second marriage and Almighty blessed me two daughters from my second wife.

Now, one month ago, after 21 years of marriage My first wife, who issueless has filed a false, fabricated and baseless complaint against me in CAW Delhi. My first wife deliberately gave the wrong address of mine of Mumbai of mine in India, where as, she knows very well that, I am living and working Saudi Arabia. CAW send the reconciliation notice two times to me at Mumbai, but I did not get it on time. One, on my friend send the that paper to m\e at Saudi Arabia after long time. First one to appear on 26/6 and second and final warning to appear on 16/7.

Question: 1. What CAW will do if I am not turned up, because, I am in abroad, not in India.

I have replied to CAW about my where about and bit explanation about me and my wife, without knowing the nature of complain. I called to my wife, she clearly told me over phone that, she want that, Delhi Flat, to be registered to her name, whose cost is 80 lakks

2. What about FIR in my case, even though I not in India.

3. Can my first wife claim for property from my owned earned money. If yes, what share. what about my two minor daughters.

4. Can I ask copy of complain from caw.

5. It is 21 years of my marriage, can she file 498…

6. what, kind of amount, court of law say about maintenance a wife, who is childless.

7. Can she drag my old 74 years father and Cancer patient mother of 70 years age

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 15 July 2014

1. What CAW will do if I am not turned up, because, I am in abroad, not in India.

They will await your return with a warrant, if need be they may issue a look out notice too with the permission of court, it depends how much their palms have been greased by the complainant/wife.

Without having received the copy of notice/summon from CAW in person, who told you to write to CAW directly, that too without consulting an advocate in this regard? Your wife's intention is to grab the property from you as she apprehends that she may be left on the street to toil in lurch, thus this feeling of insecurity has made her to approach the police with false complaint(?), however, be known that she cannot enforce any right for a share in your self acquired property.

2. What about FIR in my case, even though I not in India.

What is your question?, do you think that just because you are out of country, the police will not register a FIR here in India in your absence? they can very well register it and keep it pending to arrest you on your arrival.

3. Can my first wife claim for property from my owned earned money. If yes, what share. what about my two minor daughters.

You can see my opinion above which suits to this question too.

4. Can I ask copy of complain from caw.

ask you lawyer to get one for you, but mostly you may not get one.

5. It is 21 years of my marriage, can she file 498…

Yes, this can happen even now, hence she can very well file it.

6. what, kind of amount, court of law say about maintenance a wife, who is childless.

what do you mean by what kind of amount?, She being your wife, she is entitled to be maintained, the court may order maintenance as per your economic status.

7. Can she drag my old 74 years father and Cancer patient mother of 70 years age

The law favors women, hence she can very well implead your parents too.

Biswanath Roy (Advocate) 16 July 2014

First of all you appoint any trustworthy person as your Attorney by a POA TO LOOK AFTER AND TO ACT IN YOUR CASES..

Secondly,you instruct your Attorney to collect the complaint of your wife filed before the CAW to know the facts of her complaint and the dates of alleged colourised offences for your defense.

Thirdly , you reconcile the alleged dates of incidence as complained of by your wife in the petition before CAW WITH YOUR PASSPORT AND VISA to understand and to ascertain the maintainability of the alleged offences in the light of its logical position.

Fourthly, you engage one good and expert lawyer in the filed through your POA holder who can represent before the CAW on your behalf to defend your case.

Lastly, you intimate your wife in writing that by a registered deed you are giving her life interest to enjoy your flat at Delhi subject to her approval and agreement.

I conclude , legally your wife can claim residential right in your self earned property but cannot claim title of the property .