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Prashant (Sr.Engineer)     15 November 2012

Pls advice

Dear all,

 

My wife has made a false complaint in women cell of maharahstra police (mahila Sahhayya Kaksh).

Me & my faher has been asked to be present on day after tommorow. Can any one please advise urgently what this cell do?

Are they taking any legal action. I am very much worried. Please advise urgently what should I do & how should I react after going there.



Learning

 3 Replies

Tajobsindia (Senior Partner )     16 November 2012

My 2 cents worth moral support if it helps (also read last 100 posts in crimnal Law / Family Law Forum tomorrow as you have one days time to prepare your act)-

 

Every time you go to CAW Cell, call 100 no. and inform them that you are going there to attend as per the request of the IO (mention name of the IO). (otherwise they may frame you by saying you were there to intimidate the girl i.e. your already abala wife / FIL).

 

[Go there with (good quality) audio recorder hidden at your waist level so that mic is not obstructed record the sweet talks IO does with you]

 

Always be polite. Say you are a harassed husband and don't know what is going on and need help etc. Hint to the IO that you know the law and are being helped by competent lawyers and that if she/he abuses the law you will complain against her in writing.

 

If other members of your family are involved, they do not need to present themselves before CAW Cell as it is voluntary and is basically reconciliatory proceedings between husband and wife. If IO asks where they are, tell her that they are not well and that is the end of the matter. If she insists, tell her that these proceedings are voluntary as per HC.

 

Rest, play it by the ear. Remember that FIR will not happen before giving you an opportunity to talk to the higher officials.

 

My suggestion would be that CAW cell is a waste of time mostly but if your FIL and wife are stupid then it is a good opportunity for you to understand their strategy and then get prepared for the same. Mostly it has become a place to fine tune allegations and close any loop holes in the same. After this you will not get any time to talk to them like that J

ADV S PATHAK (lawyer)     16 November 2012

no need to worry. first read the copy of complaint then give the appropriate answers. this cell will try for compromise between you two first. if not possible then after 3-4 meetings they will forward the application to court.

Prashant (Sr.Engineer)     20 November 2012

Dear Tajobs india & Pathak,

Thanks for your valuable guidance. I had been to Mahila sahhaya kaksh on 17th. In order to be away from IPC 498 , I said infront of panel that I do not have problem to stay with my wife. She also gave the same statement.

Panel of Mahila sahayya kaksh has taken in writing from both of us the same. & they ask  me to take her with me. However I know that she will again start quarelling with me & that's why I do not want to take her with me at my home. Hence I said infornt of panel that right now I am not going to home & will come to take her on coming saturday. But I dont want to go take her.

If  I will not go to take her , Wheher she will again file case against me for any IPC.

What other actions she may take?

Please advise


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