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Ambycabin   09 September 2016

Stay on proceedings of CAW Cell

Hi Experts, Is it possible to get stay on the proceedings of Woman CAW cell from High Court in 498a matter, If they are proceeding without a terrotorial juridisction?


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 5 Replies

Sachin (N.A)     09 September 2016

Dear Quriest,

 

There is no need to go to HC. As proceedings of CAW Cell are completely voluntary if you  think you should not go there don't go there. You are not legally bound to participate in CAW Cell.

Ambycabin   09 September 2016

Dear Sachin,

Thanks for your feedback.

The CAW cell proceedings are going on in different district where my Wife resides with her parents.

I have already filed a civil suite under section 9 in my district court 5 months before I get call from CAW Cell for appearance..

My wife left me by giving false complaint at my local police station (NO FIR REGISTERED) 

IN THIS CASE,Do their district police have terrotorial juridisction in this matter?

She will file 498a, Will I have to attend the police station of their district? or I can quash it and make it maintainable in my local area.

Please suggest

Sachin (N.A)     09 September 2016

Yes, their district police have terrotorial juridisction in this matter. She will definately file FIR as per her partental address jurisdiction to make you harras.

If you think you can convince her to come with you back, then you should go to CAW Cell else you go or nor doesn't matter.

 

I have already explained this to a quriest it might be helpful to you

https://www.lawyersclubindia.com/forum/details.asp?mod_id=141787&offset=1

Ambycabin   09 September 2016

Thanks Sachin, Idea to move high court is to decide on terrotorial juridisction. Is this strategy logical? I could see some judgements on internet in this regard where police proceedings are stayed due to lack of terrotorial juridisction.

Ambycabin   10 September 2016

Thanks Autohide for your reply

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