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Wife Filed fake case in CAW because I revolted against her 1st marriag


03-Nov-2023 (In Divorce Law)
I am posted in Kolkata, used to stay in Delhi with my wife. I came to know about her 1st marriage and divorce hence I revolted. Then our family met and had a big quarrel. She filed fake domestic violence case against me and my family at CAW Cell. Then she also filed a case in Family Court. Its been a month now. Now I received a date from CAW Cell and the court as well. I want to fight the case in the court. Should I also go to CAW Cell or only respond to them that matter is in the court now?
Answers (5)

Answer #1
950 votes
As a law abiding citizen, you should visit CAW, it will keep your image in a better manner. Tell them politely; that you would like to contest the case; as you are not guilty.
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Advocate Anubha

Adv. Anubha

LawRato Delhi | 100+ Answers
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Answer #2
730 votes
Hi, We have perused the contents of your matrimonial dispute and would advise you as follows: You should immediately and promptly seek a detailed legal consultation and formulate a strategy going forward You should engage a lawyer to properly represent you in the court. Its very technical so we advise you to take legal assiantance and fight your cases. Prompt action is advisable to avoid any adverse repercussions.
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Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

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Answer #3
662 votes
Hello, the matter in CAW is a different proceeding than that of the matter going on I family Court. You need to contest both on merits. For more information feel free to have a word with me. All the best.
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Advocate Sahej Uban

Adv. Sahej Uban

LawRatoDelhi | 700+ Answers
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Answer #4
812 votes
In DV case your wife might have prayed for the following 5 reliefs : 1. Monetary Relief 2. Compensation Order 3. Residence Order 4. Custody Order 5. Protection Order Therefore, you need to hire an advocate to draft a proper reply to her complaint under DV. Secondly, CAW cell is altogether a different case for 498a ipc Kindly b in touch
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Advocate D. Khan

Adv. D. Khan

LawRatoDelhi | 1000+ Answers
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Answer #5
891 votes
Greetings to you. It has been mandated by courts that any case pertaining to Dowry or Domestic Violence must first go to CAW wherein they will try to resolve the issue between both the warring parties and an FIR shouldn’t be registered before the efforts to reconcile the differences hasn’t taken place (provided that there’s cooperation- which means that both parties attend the hearing). So I would suggest that after you properly consult your lawyer showing him all the evidences which has made you agitated, you should go to CAW cell and let them know your version and also apprise them that you wouldn’t be able to come again and that you would like the matter to be tried and heard in the court. Plz feel free to reach out to me for any further queries. Regards
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Advocate Khalid Akhtar

Adv. Khalid Akhtar

LawRatoDelhi | 50+ Answers
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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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