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Saturday, January 12, 2013

HOW TO HANDLE WOMEN CELL

In case you want to Patch up /compromise with your spouse, it’s nice idea for the bright future, and then you don’t need to read all of this.

If you don’t have other option than fight, so before fight you should know your enemy. Who is enemy? Our biased Law is our enemy. So you have to prepare about it.

What is women cell/CAW?

Crime against women cell is department of Police who accepts complaint specific to women. Cell Proceedings Are Voluntary: Delhi HC in two consecutive ruling has held that the proceedings of the CAW cells are voluntary. They have ower to enforce an appearance. Justice Dhingra quote: “It is made clear that CAW Cell has no authority to secure the presence of any person either by coercion or by threat. CAW Cell is only a conciliatory body where efforts are made for conciliation with the free will of the parties. If any person is not willing to go to CAW Cell, he cannot be compelled. It is also directed that CAW Cell, in future, instead of issuing summons to the parties shall send request letters asking them to appear for the purpose of conciliation and not for the purpose of investigation. The petitioner is at liberty not to appear before CAW Cell. No threat or coercive steps shall be taken by the CAW Cell.” link to the judgment/order is given here: (http://tinyurl.com/2gf5wo ) When you get first phone call from CAW cell. Ask them politely to send notice for appearance. Receive notice and put date/time of receiving. Most probably the policewala will be in civilian clothes so as to avoid creating suspicion in the mind of your neighbors (How nice of him). He will carry a request letter from the ACP/DCP of the CAW cell and “Requesting you to join the investigation in CAW cell”. Mind it – it’s a request not summon. Also remember it’s a request to join mediation proceedings and as per law the mediation is a voluntary activity and cannot be forced upon any individual. DO NOT panic. He is not going to arrest you.

Read the Request Notice carefully. It should never say any words of compulsion. It will be a request only to join the mediation proceedings at Women cell. When you are asked to sign on it for receiving-Make sure you put TIME along with the date. Ask the policewala for the number of the IO-investigation officer handling your mediation. This will help you in case you need to inform him/her about change of plans from your end. Go there as innocent person. Only listen there, they will ask to give statement in writing. Mention like “you have attended to provide full support in enquiry and ready for any kind of counseling to save the marriage. Also write in same latter to request copy of complaint as person complained against has right to know the nature of complaint made against him, particularly when the respondent has taken action on the complaint filed with them. Sometime they let you read. In case they don’t, mention in the statement that you have not allowed to see the complaint. Let them understand without knowing anything how you can give any statement. Contact librapisces007@yahoo.com for RTI reply in which CAW has agreed to provide receiving confirmation on statement copy given to I/O on each counseling date and they also allow reading the complaint. Take hard copy of RTI and in case I/O don’t allow show him/her. Don’t sign any paper or even their noting without reading. Sometime they ask you to sign against date and tell that they will fill later. DON’T sign on such noting at all. You have right to deny. In Second or third hearing they will give you Istreedhan list provided by lady and will ask you to you provide your admit list against streedhan list. Accept only if same has been signed on each page by complainant. Take a copy of Streedhan and make a RTI and submit to PIO.

Visit http://rtitemplatesfor498a.blogspot.in or Contact librapisces007@yahoo.com for RTI format.

In case you have kid mention in each statement that you are concerned about your child and request I/O verbally and in written that you want to meet the child. RTI to women cell for complaint copy - After fist hearing in CAW cell. For complaint copy. Also attach CIC decision “Case No. CIC/SS/A/2011/000350” with RTI RTI to Women cell for Comply circular with complaint - After 2nd hearing or after Receiving of streedhan list Points to remember. CAW cell is only for women. They will not listen you. But they will show as they are taking your matter seriously. No need to show any proof there. CAW cell never accept any proof from husband side. CAW cell always give to you 3 options.

Option 1 - Agree with Wife’s condition and live with her
Option 2 – Agree and Give money to wife and take mutual Divorce
Option 3 – If you are not choose any one option from above, they will recommend for FIR.

Remember always Women cell works like an extortion cell of Wife. If women cell is agree with you completely, then also they will recommend for FIR on basis of Wife’s statement.

Meaning : CAW cell is a play ground for wife , where she play extortion game with the help of law. And CAW cell will do same what ever wife says. So , With the help of RTI’s Crash CAW cell.

No need to take your parents along with you at CAW cell unless they are specifically summoned. We would suggest taking any friend/male relative that is not named in the complaint as they would not allow entry and he will have to stand outside of premises.

Comments to put at the time of of receiving list- "Received XX no. of sheets of A4 paper as list from Smt XYZ which is not in accordance as per Rule 2 of D/P act and not even indexed, So that one can file reply. Please ask complainant to provide proper list with proper bills. Reply of Istreedhan list Comments on List Submitted by Smt XXXX Note: The list is NOT in accordance with the law, as no list was prepared at the time of marriage which is mandate of the section 2 of Dowry Prohibition Act 1961. Even gifts mentioned as given to bridegroom and his family is not segregated. The undersigned is still offering his comments, despite the list being bad in law, to aid the IO towards reaching a logical conclusion and to ensure that the false and fabricated list furnished by Smt. XXXX does not cause any miscarriage of justice to the undersigned. This is NOT the admit list by undersigned. Istreedan received at the time of marriage and afterward also for Mrs. XXXX was always and is under her possession. She has already taken her clothes, jewellery and other costly items at the time of leaving her matrimonial home on MENTION DATE. However she has left few articles at her matrimonial house which are listed below and undersigned is ready to return with proper bills and prior information but he doesn’t want divorce and want to settle the matter amicably. Left over articles: Mention here her left over articles which you want to give FAQ on admit list/AB etc During repeated RTIs with the Delhi Police CAW Cell on the compliance of circular 07/2007, It has been observed that the CAW Cell is using the plea that since the list of stridhan stands accepted as soon as the Husband submits his admit list and hence husband losses the right to ask for compliance of List of Stridhan. Question ? Couple of days back, i have submitted admit list, with covering letter mentioning specificaly that the list submitted by 498a girl is not as per the DP-2, & is false, kindly arrange for list as per rules duly supported by tax paid bills / valid payment. Will this help? Admit list is the list submitted by husband in response of exaggerated list of stridhan submitted by wife. The police asks you to submit your version of list , now there is a great trick involved here. If you straight away provided the items you are having or items actually given by them, then this means you are allowing the list of stridhan submitted by wife and means THERE IS NO ISSUE REGARDING LIST OR THIS IS THE LIST THAT MIGHT BE GENUINE ACCEPT SOME MISTAKE. But if you file your reply stating that List is false as it is not as per Rule 2 of dowry prohibition Act and police officer who accepted and given it to you then this means wife in connivance with police officer violated the rule. So This practice should be stopped immediately. Yes , what you did is correct, now insist on real list i.e. as per rule i.e. the list which should have been prepared at the time of marriage if she fails and still IO insists that means he is violating the rule and promoting the wrongs. The Circular nO. 07/2007 and other relevent circulars are available on group page. Else contact librapisces007@yahoo.com for copy Q. How can I know when FIR will be registered? Ans. After failed mediation, I/O will take you to ACP. Means that is the time of FIR. Q. When should I apply for AB? Ans. File for AB after 2-3 hearing in CAW cell (Advice is for Delhi only, However get case specific advice after first hearing). Getting the AB will be another eye opening scenario for you as there you will be face to face with your outlaws who will leave no stone unturned to get your bail application canceled/disposed. Q. We have reached to settlement in CAW and they are making agreement for the same, Is it valid document? Ans. Yes. Q. My complaint is with Nanakpura CAW. Do they have any special power? Ans. Yes. Nanakpura CAW is having jurisdiction of all Delhi. Moreover it also has power similar to police station and FIR can be registered there too. If after all of this FIR register, come to second part. Visit the 498a.org and join local meeting. Every case is unique. There is not a set plan for all cases for fight. Blog for the same is:-

http://sffdelhitrainingsessions.blogspot.in/2012/09/CAWsession.html

 Happy CAWing…………….

15 comments:

  1. what happens if the CAW cell is in another state and city? Shall a person go there after a phone call on which he committed to be there? main accussed (husband) doesnt live with parents but is onsite abroad..parents, sis r in india. parents n sis live in different cities. call reveived only by father.

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  2. continuing to above question..girl n guy met in city X. girl's parental home in city Y which boy's family visited once before and once after wedding..marriage took place in city Z,,CAW call is frm city Y

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  3. I have attended my first meeting at CAW Cell. They have given me the streedhan list signed by complaint and i have also signed on it with date. Now on second meeting i have to give my statement.
    Please guide me how can i go prepared in the second hearing.

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  4. Please reply as my next hearing is on 26th Feb.

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  5. MY WIFE HASLODGED A COMPLAINT AGANIST ME IN VANITHA CELL. NOW THEY HAVE CALLEDME FOR SECOND SITTING.FIRST SITTING I SKIPPED.IS THERE ANY WAY TO SKIP FROM THIS SECOND SITTING

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  6. My son was attacked at women cell by his wife. It is a place where circle inspector of police, Sub Inspector of police, etc. are present. The women cell authorities took no action. If the wife was attacked by the husband, they would have created a big issue out of that. My son went there as per the instruction given by the Women cell authorities. Are they not responsible to grant protection? He had to go the nearby police station to file a complaint. Why this discrimination against men?

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  7. This comment has been removed by the author.

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    ReplyDelete
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  11. Hi, My wife is not giving the Dowry list in CAW cell, counselor asked her to submit complete list but she is not willing to share complete dowry list. She want to come to my home for collecting few clothes which I denied, pls suggest if I voluntarily ask for a Dowry list and return leftover articles via proper list, will it help me ?

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  12. What happens when case is referred to mediation cell?

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  13. My case is act 125bcoz my mother in law behavior is soooo bed nd rood with me and my husband say Wat he do that's why I leave my house and live with my parents. I want that we live happy married life. Pls tell me Wat i do .in court 2years pass bt nothing well. I am so disturb.pls guide me

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  14. My wife kavita shukla done 2nd time false police complaint against me due to her family miss guided to my wife bcoz of i have no own home in delhi. But we r in relationship last 5 years I have spend more then 5 lacs rs. Till now. She leave me alone after 2 days of marriage and complaint against me. I have attended many date's but still caw cell n my wife forced me for divorce. I'm too worried and I'm in depression bcoz I have no any option for 2nd marriage bcoz I have done Court marriage against my family. Now I m alone. How can I save my marriage. My life going to spoil.... I'm crying tok much... I love her so I can't leave her.. I can't live without my kavita shukla wife... Please tell me how to get my wife for permanent.

    ReplyDelete