Fabricated Complaint By Wife In CAW Cell Delhi After I filed Divorce
01-Sep-2024 (In Criminal Law)
I attended CAW cell delhi first meduation. The IO refused to give copy of complaint and wanted to settle matter as per demands of wife and in laws else FIR is imminent as per him..He told I can only file divorce caae but she can file multiple cases against me and I will be helpless running from pillar to poet after lawyer. He said lawyers will fool you for fees that no FIR will happen etc etc but I don't want to be on backfoot , told him if she wanted mutual divorce she should have accepted divorce court summon rather than avoiding it and wasted 2 months now. What should be my strategy now. My divorce case hearing is in November and I filed it first before her fake police complaint in CAW cell.
talk to Investigating officer. in the event of arrest if police does so. apply for anticipatory bail. u will easily get. and quashing in high court is best possible solution. This is common tendency in such cases of husband files for divorce wife takes recourse to such proceedings as mode. but now as per judicial precedents courts do provide effective relief to husbands if it's false cause of action. by her apparently.
First of all, the FIR can be lodged and as per laws, women can actually file multiple cases against husband. But, all the cases can be managed with a good strategy as per facts of the case. Moreover, mutual divorce can be filed as per the discussion even outside the court also. Also, obtaining a copy of complaint is your right, and if the IO is not giving you the copy of complaint, then you must complain to the senior officer for the same and don’t file any reply or sign before reading the complaint.
Yes it can be done you have to file for contested divorce in court , the court will take legal action and the opposite party have to file a written statement and than further there will be evidence and arguments for further discussion please come for a meeting for better guidance with all your documents.
Adv. Abhishek Jain
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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