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priti (nothing)     28 June 2013

Ncw procedure

What is the procedure followed by NCW if I file a complaint in an NRI cell against my NRI husband.? How will they follow up? Will the police start coming in my parents home or wherever i am residing like hostel where I am residing for now.? So coming of policemen may disturb the warden of my hostel so can anyone help me as to what is the procedure followed by NCW? Ur help will be of great value.



Learning

 1 Replies

prashant verma (lawyer)     28 June 2013

procedure to be followed by ncw:

  • Receipt and Registration of Complaint : The complaint received would be required to be properly receipted, registered and expeditiously acknowledged. The complainant would be given a receipt bearing the complaint number which would be in consonance with the File number, for ready reference. 
  • Examination of the Complaint: Subsequent upon registration of the complaint, the consultant would cause for the verification of the complaint so as to ascertain the veracity of the same and may seek further information from the parties if so considered necessary. 
  • Action Proposed to be taken : Once the merits of the case have been established, the cell would take the following action: 
    1. Counselling: counselling services would be provided to the aggrieved and she would be told about the status of law and various options available to her.
    2. Resolution of the conflict through mediation/conciliation: the cell through its panel of experts would arrange for the mediation between the spouses via Video/Audio conferencing or in person, if possible, depending upon the complainants request. 
    3. Arrive at a settlement of the matter : through divorce to the wives satisfaction and the husband’s capability. This can be followed by legal action for divorce in India or in other country, depending upon the situation, on mutuality. In the event of failure of mediation or mutual settlement, the aggrieved wife may be told about her legal rights and if she wishes, assist her in initiating legal proceedings. The cell at the same time would take the following action:
      •  Take up the issue with the State Government and local police administration for initiating legal process.
      • Request the concerned State Commission for Women for necessary follow up, monitoring and reporting the latest development in the case.
      • Take up the case with Missions and NGO’s Abroad – Counseling , Mediation, shelter ,protection ,etc of the aggrieved woman abroad
      • Recommend the issuance of Look out Corner Notices, Recommend Issuance of summons abroad
      • Recommend action under Section 188, 285, etc of Cr.P.C.passports Act and other laws.

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