Wife did 498a & Un-Natural Sex complaint in caw cell

MLC and medical reports have to be checked to provide correct assessment for your case, without that giving any advice will be wrong. vijaymahajan5758@gmail

Sir pls share your mob number ?

498a can be quashed on many grounds. we have to go through the fir. these days filing these cases are quite common.

Adv. Nitish Banka

9891549997

lexspeak.in

Why you want to take her inspite of all cruelities inflicted by her upon you and your family members? Firstly consult a lawyer and obtain anticipatory bail to safeguard yourself and other family members and properly counter all allegations in the guidance of a lawyer. 

We had completed 1st counselling round in this my wife given a letter that she don't want further counselling and want legal action on me. Also she demanded complete materials lying in my home, counsellor told her to submit the list to IO in CAW cell and they will give me xerox copy of the list.

How should I accept this list, do I have to make any written statement anywhere while accepting the list ? If she is not willing to continue counselling , can IO proceed for FIR as I learner in this forum CAW cell counselling went upto 6-9 months in some cases ? Please guide in this matter .

As mediation failed so case shall be referred to police for registration of FiR and arrest of accused persons etc. You were already advised to obtain anticipatory bail. You can submit your representation in respect of list submitted by your wife. MLC and other police reports etc are required to be examined. Consult a lawyer with details and act fast as you are short of time.

The girl may file number of cases against you (either true/false), but, things will get sorted out in the trial. And one cannot stop her from filing the suits. Let her do whatever she wants. The burden of proof lies on their side (prosecution). They need to prove what they are saying is true. There is no question to bear out her demands. Fight for the justice. Courts are also aware of these kind of cases, as 90% of the cases are fake. So, probability of conviction in these kind of cases in very rare.

Suggestions:

                            

• Do not keep any assets in your name.  
• If you do any private job, then try to switch this. Keep your new employer name confidential.

 

 

Since you already have the list from the CAW,you will be required to accept and deny the items of the list and the items which are admitted you will be required to make the delivery according to it. Start returning the admitted items through proper procedures. This will shield you from 406 IPC suit.

 

I believe FIR has not been registered yet. So, no question of AB bail at this point.

 

This kind of cases are very common these days. Stay calm.

 

You seem to be a very strong guy. The reason why I am saying this, you are still thinking of taking her back.

Don't even think of that.

Dear Pawan Saha ji , Thanks for your reply which I found most relevant according to my condition.

1. Yes, wife not willing to go for counselling but I request IO to continue reconcillation process through counselling. I want IO can give me 5-6 dates so that my wife impulsive reaction and anger should go away. Can I return her leftover articles like furniture, fridge, TV etc in CAW cell ? As of now I don;t want divorce.

2. Only if reconcillation fails then I will never bring my wife back and give a tough fight in the court, also I will fight for custody of my 4.5 yr son once he become after 5 years of age. How much interim maintainance judge can order for my son and approx when it will be ordered ?

3. I will wait till IO brought me to ACP to file FIR, after that only I will take AB for myself. As SC given directions no arrest for parents and married sisters.

1. Return the admitted items through proper procedures. Talk to CAW, they will able to guide you. Try to keep everything documented. Like if you want to return the thing, ask about the procedure to CAW with an application (if possible) and retain a copy of that document with you.

 

2. There is no set rule for the calculation of spousal maintenance as there is for the calculation of child maintenance. When determining whether spousal maintenance should be compensated, how much should be paid and the duration of time for which it will be paid, the court has regard to the overall circumstances. In determining the level of maintenance, regard may be given to the parties’ day to day financial commitments, including any child maintenance obligations, and how these can be met from the available resources. The appropriate amount of maintenance varies significantly from case to case.

Instead of getting confused by so many advises Consult a lawyer with details and go according to advise.

Originally posted by : Sidharth Srivastav
	Instead of getting confused by so many advises Consult a lawyer with details and go according to advise.

Siddharth ji, sure once I got FIR registered I will definitely engage a lawyer, till that point checking some legal angles.

Already I report the incident to SHO of my local PS and took a stamped copy of DD entry. Is it advisable that after 2 months of CAW cell can I write to DCP office of our area and reporting the incident that I have a fear my wife or my in laws will do false cases on me and provide me legal support ? Will it help me in future if CAW cell lodge a FIR ?

These are not going to help you much.

 

Donot wait for registration of FIR. Protect yourself and other accused persons and obtain anticipatory bail. Police will not give you notice before registering FIR. So donot wait. Consult a lawyer with details.