Rastogi 21 August 2016

498a

Respected Experts.. Wife has filed RCR and false DV on 12 dec 2015..and then false case hacking of mail account 15 mar 2016 fir harrassment .. I replied to stay with her in rcr case on 10 Apr 16 and same reply in DV case on 29 Apr 16.. she filed one more complaint of 498a on 27 Apr 16.. and I got the call on 1st may 2016 for mediation from mahila cell.. mediation was unsuccessful..FIR got registered on 28th may 2016. Question: A. Last complaint was done by wife on 27 Apr 2016 (498a) and In my last statements on 10th Apr (RCR) and 29th Apr (DV) I replied that I want to stay with my wife.. have I lost the ground of cruelty for divorce due to false cases on husband and will it be considered as condoned by husband ?? B. If I win the DV and 498a case then will it be considered as a ground for divorce?? C. Can I refuse in the RCR and DV case now? Please reply and it will be a great help for me.

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Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 21 August 2016

In order for the petitioner to condone the cruel acts, the acts should be such which are capable of being condoned. Filing criminal cases is not in anyway a condonable act, by any prudent person and hence delay in initiating the proceedings cannot be stated to be having condoned the acts. However the delay in general has to be explained in general and hence i suggest you act promptly.

If during the pendency of the divorce petition, you manage toi secure acquittal in the false criminal cases, the subsequent facts can also be taken into consideration at the time of passing the divorce decree as per numerous judgements of the Honble High Court.

You can change your stance at anyb stage. Matrimonial proceedings are volatile in nature and hence you cna always be permitted to change your stand about the whole issue.

Augustine Chatterjee

Advocate & Solicitor at Law

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