Urgent help needed:shrewd wife file complain in women cell

Dear Dharmesh

Don't worry at all. First tell from which city your wife & you are belongs?

"fortunately police did not register case of 498a against us."

They are bound to do this, they cant file FIR with merely a complaint only, First they transfer it to CAW cell/Mahila Thana

How can i get a copy of the complain filed in her home town branch ?

The route is RTI to get the Certified complaint copy.

What should i do next ?

Based on above facts try to get notice bail first.

Hemant

hkjain47@gmail.com

@shah,

do u have any proof of ur wife i.e abla naari night trysts? If yes, hold on to it dearly for the moment. Dont be afraid of CAW cell. They dont have any legal backbone and are a conciliatory body in nature. CAW is more of a money minting place for ladies as the CAW will be busy threatening you to stay with your wife or give her x amount of money. They dont ahve any legal power.

as suggested in previous message, get notice bail from court as in 498a your family can be put to jail based on the abla naari's mere complaint. File RTI asap to get the copy of complaint from CAW because these people wont even give you a copy without an RTI. You dont need to ask for dowry to get 498a. IF you dont let your wife's boyfriend to have s*x with her, you can get 498a. be strong. google up save india foundation and join it asap. you will find many people like ur situation - discuss with them and get legal advice free. Don try to pay money to the girl or any lawyer because everyone wil try to exploit your fear.

The filer of a false 498A may face arrest under Section 182. The sentence may be range up to 6 months and a fine or both.

Dear Hemant,Manish and Hetal

Thank you a lot for your replies. More than myself i am worried for my old dad , who is a heart patient and wid high BP problem. He was admitted in hospital in ICU, when these guys appeared suddenly at our local police station. I nearly lost him. I am clueless as what these guys will do next.

1. As Hemant suggested , to get a copy of complain file through RTI route. Pl.let me know how this can be done.

 2.After approaching CAW cell , will their next step would be filing 498 against me and my old dad ? If yes would it be in my in laws place or the place where i live ?

3. We have notorized copy of their acknowledgement of return and reciept of stridhan to my inlaws ,acknowledged and signed by them that.when they had come to our place and taken back their stridhan,can they still file 498, because they can take back their things(Stridhan)only when they don't have intention to keep the relation.

 4. Process of getting a notice bail ?

5. How can i avoid going to this mahila police thana thing, or how can i extend appearing at mahila police thana to buy more time to take precuationary actions,because they do everything suddenly to harass and threated me and to traumatize my old dad.

Also please note that after they left ur place with stridhan and by threatening us , we had sent a notice for mutual divorce to my wife's house and to her office where she works coz she did not disclose where she is living. , which they had intetionally did not recieve (wife's parents repeteadly said we do NOT want to keep the relation when police station guys asked us to discuss the matter inside 1 room)but in front of police authorities they again changed and said they want to send their daughter with us) They're using double standards.

While leaving our place also they threatened me to be aware that Hum tumhe barbad karke hi chodenge. aage dekho hum kya karte hai.

Pl.suggest what can i do as a precaution.

In hope to face this situation with advice from you experts.

@shah,

Please see the link and get the details. You can PM the poster to get more info.

https://www.lawyersclubindia.com/forum/details.asp?mod_id=53085

if you dont want to go to CAW, no need to go. CAW doesnot have any legal powers. If you fear for your physical safety write to them about your concerns and send by registered post to CAW so that you have some proof that you wanted to go but you cannot due to danger to your life etc. If the CAW cell is corrupt as they usually are, you will get 498a under any condition - so use this opportunity ie caw notice to get notice bail so that you are not arrested.

Usually 498a FIR should be done at the place where the so called incidents happened. But in our country anything is possible. :) Just because you returned stridhan doesnt mean you wont get 498a. I means you may not get 406.. :)

How to get bail - u need to find a lawyer and go that route.

1. As Hemant suggested , to get a copy of complaint file through RTI route. Pl.let me know how this can be done.

PM me for this or give me your no. so that I can help you.

 2.After approaching CAW cell , will their next step would be filing 498 against me and my old dad ? If yes would it be in my in laws place or the place where i live ?

Yes 498a and its a matter of choice for her wheather she choose your place or her place to file FIR.

3. We have notorized copy of their acknowledgement of return and reciept of stridhan to my inlaws ,acknowledged and signed by them that.when they had come to our place and taken back their stridhan,can they still file 498, because they can take back their things(Stridhan)only when they don't have intention to keep the relation.

They can file 498a. But in this case you are save from IPC 406.

4. Process of getting a notice bail ?

Consult a good lawyer. visit 498.org survival kit. Based on CAW cell complaint you can entitle to get atleast NB but till the notice bail dant avoid to visit CAW cell when they called you up.

5. How can i avoid going to this mahila police thana thing, or how can i extend appearing at mahila police thana to buy more time to take precuationary actions,because they do everything suddenly to harass and threated me and to traumatize my old dad.

As I told you above don't try to avoid to go CAW. If you want to skip it then arrange a medical for that day and tell CAW IO by writing/speed post/telephone that you are unable to come.

Also please note that after they left ur place with stridhan and by threatening us , we had sent a notice for mutual divorce to my wife's house and to her office where she works coz she did not disclose where she is living. , which they had intetionally did not recieve (wife's parents repeteadly said we do NOT want to keep the relation when police station guys asked us to discuss the matter inside 1 room)but in front of police authorities they again changed and said they want to send their daughter with us) They're using double standards.

While leaving our place also they threatened me to be aware that Hum tumhe barbad karke hi chodenge. aage dekho hum kya karte hai.

Pl.suggest what can i do as a precaution.

It happens dear. Prepare yourself for all this and boost your confidence. decide yourself what you want now not to live or continue and act accordingly.

But first arrange bail for your Dad and yourself.

Just fight for cause. Dont give up..

Regards

Hemant Jain

hkjain47@gmail.com

Dear Manish and Hemant,

Thanks for giving a breather to me in such desperate situation.  Just want to add few more detail :

1. I have personally not recieved any physical copy of notice from CAW , (may be because i am travelling with my dad, so that he gets some change and comes out of trauma), got a call yesterday from a mobile no. saying u need to attend CAW cell for councilling within 1 week,which would not be possible coz i am travelling.

I got a call from Mobile no. and a lady identified herself as personnel from CAW cell and saying why notices are not recd by us and asked me to attend CAW within coming 5  days.

My question :

1. In such situation should i post them the RTI for asking certified Complain copy. or wait for physical notice to be recieved by me.

2. Can a mere Mobile call from CAW cell, bind me to go to CAW as an acknowledgement that i have been informed.

 3. Most importantly should i also send the copy of notice(about mutual divorce and her illicit relations) we had earlier sent to my inlaws, to CAW also along with RTI thing ??

3. To go and attend CAW while travelling,without any preparation against these shrewd resourceful people, within 3 days in not possible, so i wanted to buy more time to arrange and plan things.

Please suggest what best can be done.

 My advocate is suggesting me to change my contact nos. so as to avoid their calls (including CAW), but i want to face it simply because i never did anything wrong i just raised my objection against her illicit relations and wrong doings ,with an intention so that she understands what marraige is and what responsibility means. If ever i had some something wrong to dat girl i am ready to be hanged immediately without any debates.

I know i am troubling you guys with my concerns which may be sound very simple but this is the best i can do to face people with resources besides thinking about my dad.

Please suggest what best can be done in such scenerio after getting call from CAW (no physical notice) and wife and in laws hell bent to destroy me.

1. In such situation should i post them the RTI for asking certified Complain copy. or wait for physical notice to be recieved by me.

Yes. Not neccessary you can request RTI.

2. Can a mere Mobile call from CAW cell, bind me to go to CAW as an acknowledgement that i have been informed.

Yes, But the proceeding is voluntary in nature, you are not bind to go there, But to avoid arrest go there and apply NB simultaneously.

 3. Most importantly should i also send the copy of notice(about mutual divorce and her illicit relations) we had earlier sent to my inlaws, to CAW also along with RTI thing ??

NO

3. To go and attend CAW while travelling,without any preparation against these shrewd resourceful people, within 3 days in not possible, so i wanted to buy more time to arrange and plan things.

Please suggest what best can be done.

Send them a letter not to attend CAW cell because of emergency travelling and ask for any other date with a gap of 2-3 weeks, and make sure them you will be ready to co-operate them.if possible attached the travelling tickets also.send letter via speed post to IO(if you know the name) and copy it to addll commissione and ACP also.They will allow definetely.

 My advocate is suggesting me to change my contact nos. so as to avoid their calls (including CAW), but i want to face it simply because i never did anything wrong

You can do so to avoid threatning calls. Ask your lawyer to take NB and strategy to get NB on her illicit relation and wrong doing. as he suggest you to avoid CAW cell. Actually its to easy to get NB on CAW cell complaint u/s 438 and if you co-operate them its too easy like knife on butter.

Regards

Hemant Jain

hkjain47@gmail.com

https://www.lawyersclubindia.com/forum/details.asp?mod_id=53085

any update??

Hi,

I have sent a letter to them , for extention of date. The request letter has been recieved by them, 10 days back.

But,  I have not recieved any reponse from them till date.

Wondering how can i know :

1.Whether the date has been extended or not ?

2.How to get the certified copy of complain , because i feel the date of complain filing , the CAW are citing might be compromised based my in-law's influence, coz i am sure my wife not in her hometown on complain filing date.

(I've attached 1 line in the letter itself to send the certified copy of complain in the return letter)

Regards,

Join forum.498a.org and increase your awareness about gender biased laws..

1.Whether the date has been extended or not ?

It will be intimate to you by any mean like phone call, letter by post or even mail.

2.How to get the certified copy of complain , because i feel the date of complain filing , the CAW are citing might be compromised based my in-law's influence, coz i am sure my wife not in her hometown on complain filing date.

(I've attached 1 line in the letter itself to send the certified copy of complain in the return letter)

They will not send certified complaint copy.The route is RTI only.

Regards

Hemant Jain