DV RCR

Guest (Querist) 22 January 2019 This query is : Resolved
My sister in law is fighting a divorce case. Her husband deserted her and have filed for a divorce. But without knowing that he has filed a divorce simultaneously she had filed a complaint in police as well as for a rcr n even she had got exparte in rcr as her husband failed to appear before the court even after receiving the rcr petition. After filing for rcr, she has filed for 498A and DV and the cases are going on. My query is that
1. what's the influence of exparte rcr on this entire case? How much it will help her in her other cases?
2. Can a wife is file for rcr, DV and 498A at the same time?
3. What is her husband's chance now to challenge her?

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Vijay Raj Mahajan (Expert) 23 January 2019
Most stupid advise given by whoever he was to file RCR and DV simultaneously. These are just opposite to each other. At one hand restitution of conjugal relationship pleaded and simultaneously protection order sought to keep husband away from coming near the wife.
In such case husband will get benefit and ground to prove false DV complaint being filled by wife.
Same will be fate of section 498a IPC complaint case.