LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Settled aboard divorce in india

Page no : 2

Anne (JKL)     21 May 2012

Hello,

 

What is CAW cell? Could you please mention website or contact no to get information.

Marriage happened in India according to hindu marriage act ,we both are hindus with indian passport currently.


 

SAINATH DEVALLA (LEGAL CONSULTANT)     21 May 2012

Crime against Women Cell:
    If you foresee that there is no point in going through reconciliation proceedings, or you do not want to waste your time in any reconciliation proceedings, or you know that it is going to fail anyway as your husband and in-laws are not going to give way to your demands, you can directly make police report or register the F.I.R. with the Police Station saying so. 
    If the Police Station refuse to lodge your F.I.R. you can directly file your complaint to the concerned Court with an Application to direct the SHO of the Police Station to register the F.I.R.
    However, if you want some platform, where, in the presence of police officer and without fear, you can talk with your husband and in-laws to resolves the disputes and differences, and feel that something good may come out of reconciliation proceedings, you can make complaint to the Crime against Women Cell .

   The purpose and jurisdiction of Crime against Women Cell in Delhi is very-very limited. Basic purpose of the Crime against Women Cell in Delhiis to provide a platform where the husband and wife can talk and sort out their family disputes and differences in-front of the Police Officer. 
   Proceedings before Crime against Women Cell  are reconciliatory and voluntary up to the stage of pre-registration of F.I.R. Crime against Women Cell  is meant to save the marriage. 
    Crime against Women Cell have no judicial or quasi-judicial powers. Crime against Women Cell (CAW Cell) even lacks any power to take any kind of coercive action against either the husband or his parents and other relatives. CAW Cell has no power to investigate the crime complained.
    Crime against Women Cell   does not have powers to even secure the presence of the accused husband or his parents or his relatives named in the complaint of wife by use of any coercive powers of sending summons etc. At the most the Crime against Women Cell can only send request letters to the accused to appear before it for conciliation purposes. 
   F.I.R. is only lodged if the conciliatory efforts fail. However, Crime against Women Cell  can take up the investigation if the case is referred to it after registration of F.I.R.
  Normally, if a F.I.R. is lodged straightaway on the complaint of the wife, the arrest of the accused follows, which may cause irreparable damage the relations between the husband and wife and their families, making the return of the wife to matrimonial home literally impossible.
 

karthi (exec)     19 September 2012

i got divorced and i have agreed to pay monthly alumni of Rs.20000 for wife and kid. Also i have given 2 houses in chennai. Noe I am planning for my second marriage and this point of time I don't feel comfortable financially to pay Rs.20000 monthly. Can I go for a full settlement at this point of time

Tajobsindia (Senior Partner )     19 September 2012

 

 

Originally posted by : karthi

 


i got divorced and i have agreed to pay monthly alumni of Rs.20000 for wife and kid. Also i have given 2 houses in chennai. Noe I am planning for my second marriage and this point of time I don't feel comfortable financially to pay Rs.20000 monthly. Can I go for a full settlement at this point of time

 

1. Too late now to think about any rollback.
2. Could have then thought, say about your future paying capabilities when earlier divorce was coming to end moreover when 2 houses were also parted from apart from 20 K p/m in earlier decided divorce matters then generic thinking now would be that you are capable enough infinite years to come
J
3. Hence you are presumed to be man of means is my view compared to lots of middle class Husbands.
4. But no harm in trying out "change of circumstances" under Art. 227 COI as plea before State’s HC praying for 20 K p/m rollback justifying escalating cost of living of a 'divorcee" as already given 2 houses to her and if they are put on rentals then show those rentals as added monetary benefits ex wife is envying on. Let us see if any mercy cometh your way on exceptional hardship grounds!

But donot express before ld. Bench about re-marriage instead take plea of your dwindling fortunes due to inflation and throw it on world economics and depreciating Rupees or even on volatile political situation currently in India and colly. tremor (not tumor) effects it is giving to YOU hence mercy and rollback atleast 20 K should be plead whatever…………… are some of my vision on this unique situation you fallen into.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register