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20-May-2023 (In Domestic Violence Law)
My wife has filled the complaint against me in CAW cell in Delhi ,have undergone three times but she told the CAW cell that for two months she want to live separately now due to crona lock down no hearings are taking place so want to know the legal aspect what i need to follow further and need to appoint one good lawyer for me who can understand the gravity of my situation and can assist with his legal aspect .I am worried as iam working in Airline indutry and worried about my job aspect and legal aspect would apprecitae some legal facts
Currently what i can know from your query is that no FIR has been registered against you and only a complaint has been filed and CAW cell is trying mediation between both the parties. As of now the situation is not that serious as no FIR has been filed against you, however it will become serious in future. Secondly coming to your marriage, you stated that your wife wants to live separately. In such a situation you have two option ONE is to settle the matter with your wife and file a mutual divorce before court and part ways, this is the simplest and fastest form of divorce SECOND is to file an application under section 9 Hindu marriage act for restitution of conjugal rights, this application is basically filed to save a marriage, in this one spouse approaches the court and claims that his or her partner has left the matrimonial house without any reasonable ground and court will order the partner to return to the matrimonial house. These are some of the options you have available. Kindly ensure no criminal case is registered against you otherwise the situation will become serious.
Helpful?
Pl donot worry about the job aspect because of this unfortunate case.
CAW cell is a sort of mediation centre and if it get mediation done successfully between the involved parties it is good otherwise not, its no proceeding is taken in to account when the FIR is made and case goes to the court. See for residing seperate for 2 months do not solve the problem.
All domestic cases look very simple in a glance but are hard to prove in the court. So my advise is to please engage a good experienced Lawyer of this field only to safeguard your interests. I advise you please do not sign any adverse statement as agreed in the CAW cell.
Helpful?
Adv. Anand Bali
Delhi | 25+ Answers
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Hi,
The CAW cell will try to resolve your issue by counseling both of you,
If still the matter is not resolved you both will be sent to mediator in the concern court as per the Jurisdiction.
If the mediator could resolves the issues he will refer the file back to women cell and the complainant will be sent to concern police station and FIR will be registered.
Thanks
Ramit Sehrawat
Advocate
Helpful?
Adv. Ramit Sehrawat
Delhi | 400+ 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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