Legal Question in Criminal Law in India

dear sir,

i am working abroad.my wife has gone india 3 months back and didn't return.she filed a complain in CAW cell against me in dowry,forced abortion,physical torture,and my involvement with another girl.non of them is true.though she has got some pictures as a proof.. she has dragged my fathers name in dowry case also.

the CAW cell has asked me to meet at end of this month.the cell has send 2nd letter on my name to my native place where it's not received by any1 as this one is addressed on my name and postman refused to give to any1 else.through some source came to know that date of appear is last of this month. the 1st letter is received by my dad 5 days after the stipulated date to appear..

sir what can i do to overcome this problem.can i send my dad on my behalf as i can't take leave and go in short period of time.i am doing a small job.

1.can me or my dad can get arrested in case i fail to appear.

2.if my dad will appear can the police will take some action against him or arrest him.

3.i have spend a lot for my wife and i didn't keep any record or bill of it..even i have not taken any of gift given by my inlaws.all is with my mother in law.

how can i manage to get a bail if warrent wil be issued against me.

please help ..


Asked on 9/12/10, 4:47 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

1. You will appear only when you have been served by the CAW cell.

2. why would you send your dad on your behalf.. Your dad should go only if notice is in name of your dad and dad has received it.

2. Normally CAW will not issue warrants until you have been served and there is no communication from you. After you are served, you may write to cAW cell that you have been living abroad before the complaint was filed. She was also living with you and she knowingly has filed the complaint in India when she knew that you were abroad. You explain the period she has stayed abroad with you. Spending a lot on your wife is material and you may have a record of payment made by you. If you can show that you had been spending money where and why would you ask dowry. So it is all in facts with you. But do not worry or loose patience. Write to CAW cell about your being abroad. CAW cell will call parents only if there is complaint against them. It is not advisable to send father on your behalf.

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Answered on 9/12/10, 6:16 am


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