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mohan   22 August 2015

Handling CAW !!!!

Dear Forum.. 

I am the husband. I filed the divorce case almost 2 years back and she not living with me. Wife filed a complaint in CAW recently and now i have been called there to meet them. 

1. As i know she is a drama queen and will make a lot of noise and scene there......... how to handle this ? Will her drama bring problem for me ? What if she starts blaming false complaints ? Should i react or just stay calm and listen... 

2.  What can be the motive to file a complaint in CAW after 2 years of divorce proceedings in court ? what can be their game plan ?

3. Should i go on time ? or a bit later... (read on this forurm... this puts pressure on them).

4. how long does this session in CAW lasts ? Also, how many sessions would they call us for ?  Our next date in court is in Dec 2015. 

 

 



Learning

 2 Replies

NATARAJAN IYER (Proprietor)     22 August 2015

 

This place has the answers to all of your queries on the CAW

 

https://menrightsindia.net/2009/08/procedure-of-caw-crime-against-women.html

SAINATH DEVALLA (LEGAL CONSULTANT)     22 August 2015

Delhi HC Defines Powers Of The CAW Cell

Here are several judgments by Justice Dhingra since his return. He clearly defines the powers of the Crimes Against Women (CAW) cells and maintains that the proceeding before the CAW cell are reconciliatory and voluntary only. The CAW cells have no power to take coercive action. The proceedings of these cells are not judicial or quasi-judicial nor can they issue summons to appear before it. That power remains with the judiciary. With these judgments, Justice Dhingra has effectively ended the tyranny of these corrupt CAW cells.

Here is the news from the Tribune.

There is an earlier judgment about the CAW cells, again by the Delhi HC.

Here is the judgment:  Jasbir Kaur Vs State, Delhi HC – 2006.

I quote:

“Police Headquarter framed the procedure to be followed by the C.A.W. Cell with the intention of preventing abuse of the process of law. But in this case police committed abuse of the process established by its Commissioner. No attempt was made to resolve the difference between Manoj Kumar and respondent No.5 nor efforts were made to bring about amicable settlement for which purpose Crime Against Women Cell was created. This cell is meant to safeguard the marriage and not to ruin it by registering case immediately on the asking of the complainant. Once an FIR is registered it becomes difficult to solve matrimonial tangles and things reaches such a pass that it cannot be restored back”

 

 


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