How to handle rcr filed by 498a fraud lady.
SatCool
(Querist) 20 September 2014
This query is : Resolved
Respected Lawyers.
I'm a victim of false 498a.The cases which are filed on me & family are 498-A-IPC,506-IPC,3-DPA,4-DPA . I came to know that the dirty lady whom I married had an affair before marriage & was continuing the same after marriage too once I caught her emailing her boyfriend red handed & told her to leave me I was separated from her from past one year & while I was preparing for divorce she filed a false case in her place & not in the place where she lived with me due to which I was arrested on march 24th 2014 two constables came in civil dress & told me that they want to enqriy me regarding case & took me to warangal & then sent to central jail for 4 days for no reasons without any proper investigation & I'm out on bail & more over she has also filed case on my family members too. The case were she has filed is in warangal which is telgana & I'm a resident of Bangalore. Since I didn't know any one there me & my family had to struggle there to get bail & police people over there cheated me & my family asking money for everything.
I had applied for Quash on grounds below in high court of Hyderabad.
A. The allegations made in the report even if they are taken at the face value and consider that in their entirety. Do not make out the prima face case against the petitioners.
B. The allegation against petitioners are omnibus in nature and on this very ground alone the prosecutions of the petitioners are liable to be quashed
C. In as much as it is the specific case of the second respondent that the entire incident referred to them took place at Bangalore, the women police station Warangal rural is divested of territorial jurisdiction to entertain and registered the crime in questions.
D. All the witnesses sighted in the report are interested and relatives to the 2nd respondent.
E. There has been inordinate and unexplained delay in initiating the prosecutions.
F. In all other grounds urged at the time of final hearing.
The case is still under pending in high court. The 498a fraud lady has applied for RCR in family court Warangal & I have received a summon last week stating that I should appear in the court next month 07/10/2014.
Request someone to kindly advice on this RCR.
1. Is it mandatory that I should appear in the family court for RCR?
2. I have no plans of compromising with that fraud 498a so wanted to know what precautions & steps I should take to handle the RCR.
3. Can someone from Warangal Hanmakonda suggest me a good lawyer to fight this ,please reply I don't know anyone from there & I need to travel 1000 KM every time I need to attend the court hearing.
4.I would also like to know if a lawyer can handle all my cased example, FIR,RCR, & I ‘m sure this fraud 498a lady will definitely file a DV case also.
Regards,
Fighter of false 498-A.
Sudhir Kumar, Advocate
(Expert) 21 September 2014
there is RCR case from wife and she does not lose her right to reside with you merely if she has filed 498a case (true/false).
She filed case in Telangana and she is entitled to do so.
From your blog it appears that no divorce case is filed by you.
T. Kalaiselvan, Advocate
(Expert) 21 September 2014
If you are not interested to live with her anymore, you can challenge her RCR case with the help of her own cases u/s 498a and others she has filed against you, simultaneously you can file a divorce case in Bangalore itself. If you are really looking for an efficient and eminent lawyer at Hyderabad to handle all your cases, you can PM me, shall let you know the lawyer's name and address in PM.
SatCool
(Querist) 21 September 2014
Thank you, Mr Sudhir & Mr Kalaiselvan.
Devajyoti Barman
(Expert) 21 September 2014
1. Yes in default of which ex parte decree may be passed.
2.Contest the case.
3. Make online search.
4.Yes if he is so competent.
Rajendra K Goyal
(Expert) 21 September 2014
1. Yes.
2.Contest / defend the case.
3.make personal efforts or act as advised by expert T. Kalaiselvan, Advocate.
4.Yes, better engage separate lawyer for criminal proceedings.
SatCool
(Querist) 21 September 2014
Thank you Mr, Devajoti & Mr, Rajendra.
Please explain what is ex parte decree. I did go through some sites regarding the same to understand but I wasn't clear on that. Also would like to know if I miss the first date of RCR what would be the next steps from court & me.
ajay sethi
(Expert) 21 September 2014
exparte decree is passed by court when you do not appear in court personally or through a lawyer . you need not appear on first date but you can engage a lawyer to appear on your behalf
Dr J C Vashista
(Expert) 21 September 2014
I agree with experts.
Engage a local lawyer, contest the case tooth and nail, your lawyer can take care of your case.
