Rcr withdraw

kavkaz (Querist) 11 February 2012 This query is : Resolved
RCR petition is an evidence that the husband and wife are living separately.

Can a wife withdraw her RCR petition, without intimating the husband and thereafter file a false 498, falsely stating that she was staying with her husband.

Can She withdraw her RCR petition without intimating me?

If yes, then in such circumstances, what evidence can i present that She is not living with me.

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Devajyoti Barman (Expert) 11 February 2012
The plaint can be withdrawn by the palintiff at any time and at her own will.

However the contents mentioned therein could be sued by the responddent in other or subsequent cases.

The certified copy of plaint of RCR is one of such proof.

Shonee Kapoor (Expert) 12 February 2012
If wife withdraws RCR and then files 498a stating false facts, she is liable for perjury.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

adv. rajeev ( rajoo ) (Expert) 12 February 2012
Case can be withdrawn at any time, before withdrwal memo of withdrawal copy could have been served to your advocate.

Arvind Singh Chauhan (Expert) 12 February 2012
I go with Rajeev Sir, before granting the withdrawal copy of withdrawal would be served to second party or his advocate. So there can not be withdrawal without the knowledge of defendant.