CAW (Crime Against Women) Cells in Delhi follow a set procedure as they are made to achieve two purposes viz.,
(A) Voluntary, &
(B) Conciliatory
CrPC 91 is a wonderful tool to gather evidences.
It is NOT mandatory to attend CAW Cells.
They need to call you through summons/ notices.
This notice needs to be given through a police personnel who will visit your house in civil clothes otherwise if he visits in police dress then the social stigma will be attached & people will ask you questions.
If the wife goes to CAW Cell then that means she wants any form of reconciliation.
If she does NOT want reconciliation then WHY DID SHE WENT TO CAW CELL.
It is wrong on her part to visit CAW Cello if she has NO intention to unite with you.
CAW Cell can NOT be used as Extortion Cells (Neither Legally Nor Technically & NOT even based on the judgments of Higher Courts & Supreme Court). There are 'n' number of judgments in this regard.
CAW Cell can NOT be used as a ground to pressurize you to submit to her demands from divorce either. She needs to approach the Civil Court in that case & NOT the CAW Cell.
Further, if she was NOT interested in reconciliation then why she opted for CAW & why NOT she went for direct FIR through PS or direct FIR through Private Complaint in Court u/s 156(3) CrPC r/w 200 IPC
Hence, if she chose CAW then she made a fault of legally trying to extort you or harass you or threaten you to enter into an agreement to give divorce to her along with a hefty alimony.
NOTE THAT:- If she chooses direct FIR then she needs to either die before that or needs to commit suicide before that or needs to come out safe from an attempted suicide & a MLC needs to be presented immediately thereafter. In all these cases 498a becomes strong. In most of other cases 498a is neither strong nor having any weight so sit tight & enjoy the show & be busy in your daily chores.
ABOUT THE AUTHOR:- The author himself filed case against CAW Cells & got a rarest of rare judgment wherein his CrPC 91 was accepted. Please note that, usually CrPC 91 is the right of the defendant & not of a complainant. But in the instance case, the author of this blog was able to get his CrPC 91 approved & allowed by the lower court by persuasive, persistent & vehement argumentation before the Hon'ble Court. CrPC 91 of Complainant being allowed is one of the rarest of rae judgments in the history of Indian Judiciary.
(A) Voluntary, &
(B) Conciliatory
CrPC 91 is a wonderful tool to gather evidences.
It is NOT mandatory to attend CAW Cells.
They need to call you through summons/ notices.
This notice needs to be given through a police personnel who will visit your house in civil clothes otherwise if he visits in police dress then the social stigma will be attached & people will ask you questions.
Procedure of CAW Cell
Their job is just to try to reconcile between you & your wife. That's it!!!If the wife goes to CAW Cell then that means she wants any form of reconciliation.
If she does NOT want reconciliation then WHY DID SHE WENT TO CAW CELL.
It is wrong on her part to visit CAW Cello if she has NO intention to unite with you.
CAW Cell can NOT be used as Extortion Cells (Neither Legally Nor Technically & NOT even based on the judgments of Higher Courts & Supreme Court). There are 'n' number of judgments in this regard.
CAW Cell can NOT be used as a ground to pressurize you to submit to her demands from divorce either. She needs to approach the Civil Court in that case & NOT the CAW Cell.
Further, if she was NOT interested in reconciliation then why she opted for CAW & why NOT she went for direct FIR through PS or direct FIR through Private Complaint in Court u/s 156(3) CrPC r/w 200 IPC
Hence, if she chose CAW then she made a fault of legally trying to extort you or harass you or threaten you to enter into an agreement to give divorce to her along with a hefty alimony.
NOTE THAT:- If she chooses direct FIR then she needs to either die before that or needs to commit suicide before that or needs to come out safe from an attempted suicide & a MLC needs to be presented immediately thereafter. In all these cases 498a becomes strong. In most of other cases 498a is neither strong nor having any weight so sit tight & enjoy the show & be busy in your daily chores.
CAW CELLS ARE ILLEGAL
CAW Cells were said to be ILLEGAL by a lower court vis-a-vis delhi district court few years back due to technical reasons.ABOUT THE AUTHOR:- The author himself filed case against CAW Cells & got a rarest of rare judgment wherein his CrPC 91 was accepted. Please note that, usually CrPC 91 is the right of the defendant & not of a complainant. But in the instance case, the author of this blog was able to get his CrPC 91 approved & allowed by the lower court by persuasive, persistent & vehement argumentation before the Hon'ble Court. CrPC 91 of Complainant being allowed is one of the rarest of rae judgments in the history of Indian Judiciary.