498 a & restitution of conjugal rights
SATISH
(Querist) 15 April 2012
This query is : Resolved
My wife deserted me from April 2010 and went to her native.There after she filed a false petition to the Protection officer for domestic violence. Me and my parents attended the counseling sessions on 4 occasions. On my wifes demand, I had take a rented house. But my wife refused to come. The protection officer gave me a report clearly stating the facts. Subsequently I had applied for sec.9(Restitution of conjugal rights) case on 03/01/2011. My wife had filed 498a case against me as counter in March 2010. I have a boy child aged 3.5 years. I was put behind bars for a week. The following are my doubts:
1. With regard to sec 9 case my wife is stating that she is willing to come back. If I take a stand that I will not take her back, will I get convicted in 498a case? Or will it be based on the merits of the case?
2. I have taken a stand that I will take her back after closure of 498a. Let me know the approximate time it will take for the closure of both the cases?
3. My wifes qualification is Mtech. She has a total work experience of 10years. She is demanding for interim maintenance. Let me if it will be granted even if she is working? If granted can it be enhanced by her in future?
4. If I am able to prove that the allegations in 498a are false and the case gets dismissed, will divorce be granted to me if I apply for the same (based on cruelty).
Devajyoti Barman
(Expert) 15 April 2012
1. Merit of the case u/s 9 HMA has nothing to do with the merit of 498A IPC case.
If you are not ready to take her back then why on earth did you file that case? To fool the judge??
2. It will take a lot of time and this is not a good idea at all.
3. Yes if you earn lot more than her existing income. If she is not working now then you are definitely liable for maintenance.
4. No you have to prove the grounds of cruelty independently.
You may get acquitted in the 498 A case not because of the falsity of the case but because of either benefit of doubt or out of lack of evidence.
Shonee Kapoor
(Expert) 15 April 2012
Classic problem of filing Section 9.
WIFE SAYS SHE WANTS TO COME BACK, I DON'T WANT HER BACK. The conduct of the person would go for a toss in court as and when the lady puts the same in writing.
Here is my article why a person should not file Section 9
http://www.lawyersclubindia.com/forum/Why-not-to-file-restitution-of-conjugal-rights-43385.asp
Anyways answers to your queries are:
1. If you keep on refusing and she keeps on stating that she wants to come back, though it should not impact 498a logically, 498a would be unnecessarily prolonged, as she won't start evidence.
The way out, withdraw RCR and file for divorce. A formal expression that you want to seperate.
2. This stand is not maintainable, after a couple of dates your RCR may be dismissed.
3. If she is earning sufficient, she won't be granted maintenance. Otherwise she can.
4. Yes, if it is proved that 498a was false. But and it is not a small but, in your case there are two problems, i) You have continued RCR even after 498a thereby condoning the cruelty of 498a. ii) The judges rarely right that 498a was false. They acquit because prosecution has failed to prove the case.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Nadeem Qureshi
(Expert) 15 April 2012
nothing to left to add, Agree with Mr. Shonee
prabhakar singh
(Expert) 15 April 2012
मैं अपने विद्जनो द्वारा की गयी अभिव्यक्ति से सहमत हूँ
Raj Kumar Makkad
(Expert) 15 April 2012
I do agree with the advice of shonee and barman.
