Final Round Of Meditation Failed In Nanakpura CAW Cell Headquarter
20-Jul-2023 (In Divorce Law)
My wife filed a case against me in the CAW cell where the last round of mediation finished without any result please guide me with the following questions:- (1) How much time will it take to get FIR registered after a failed mediation session and is there any other option for us which is open before Registration of FIR (2) we already gave written complaint to Reside police station and intimate them that she threatened us that she will file a false case of dowry against us very soon and after some time she did same is that complaint help us in stopping FIR registration. (3) can we meet ACP for this matter, If yes than how and what is the procedure for that
First of all it's advisable for you to file a petition under section 9 HMA for calling back your wife into your matrimonial life. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty and attach the copy of the complaints you have filed before the police. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.
It would be advisable to seek a detailed consultation from a lawyer having expertise in family matters. The lawyer will advise you the steps going forward. Once meditation before the CAW has failed, the IO will refer it to the concerned ACP and police station for registering the FIR which can be filed in a short span now. You may connect for further legal advise
If mediation has been failed then sooner or the later FIR will get lodged, you can’t stop that in any circumstances. For time frame you need to contact CAW cell.
If you have already moved your Apprenshion then it’s the right time to hire expert advocate n do your home work.
As per situation She may file the following cases :-
1. 498a, dowry prohibition act, breach of trust, 354, 376. 377 etc as per the statements
2. Domestic Violence
3. 125 CrPC
4. Section 9 HMA
5. Section 13 HMA
plz b in touch
If you have already moved your Apprenshion then it’s the right time to hire expert advocate n do your home work.
As per situation She may file the following cases :-
1. 498a, dowry prohibition act, breach of trust, 354, 376. 377 etc as per the statements
2. Domestic Violence
3. 125 CrPC
4. Section 9 HMA
5. Section 13 HMA
plz b in touch
Answer 1 Basically police can register FIR immediately when complainant approached to the police station but in matrimonial cases like 498 A and other matrimonial offences police generally do not file FIR in that case an application is filed under section 156 subsection three of CRPC before the MM for giving direction police to file the FIR this is a time-consuming process other than that the girl can file domestic violence case against you
Answer 2 That complaint can't help you in stopping the registration of FIR but in future if the FIR is register that can help you somehow little in evidence
Answer 3 Yes you can meet ACP for this and as asked by you what is the process there is no law regarding this you can just go visit to the ACP office and meet him or her other than that you can give your written submission to him
Answer 2 That complaint can't help you in stopping the registration of FIR but in future if the FIR is register that can help you somehow little in evidence
Answer 3 Yes you can meet ACP for this and as asked by you what is the process there is no law regarding this you can just go visit to the ACP office and meet him or her other than that you can give your written submission to him
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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