Section 9 & section 498a
aman rajput
(Querist) 26 May 2012
This query is : Resolved
my wife along with my five year daughter have left me for the last 1.5 years for which i have filed petition under Sec.9 HMA to bring her back but she is not willing to come due to her mind totally washed by her parents and interference in our family.....The court has also send our matter for meditation but she never turned up on any date of mediation ....further i also filed petition to get visiting rights for my daughter in return of which she EVENTUALLY filed false complaint against me and get registered the FIR for the same under Sec.498A, 406 & 34 ....now the IO is been investigating the allegations made by my wife against me..........So sir now I want to confirm that since now she has lodged FIR against me under the said criminal cases so should it be right for me to withdraw my Sec.9 HMA petition filed by me or should i let that be continue to benefit and take my case into strong side????????????????????????
Nadeem Qureshi
(Expert) 26 May 2012
Dera Aman
no need to withdraw the section 9 RCR petition, this petition show before the court in which your matter u/s 498 A of IPC is pending that you are ready ti live with her but she is not willing to live with you. it will be beneficial in maintenance case if she filed in future, it is also beneficial for divorce.
Feel Free to Call
Deepak Nair
(Expert) 26 May 2012
Rightly advised by Nadeem
Shonee Kapoor
(Expert) 29 May 2012
What you want? Do you want to live with her still?
If not, withdraw RCR Sec 9, it has no useful purpose.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 29 May 2012
it appears your wif e dosent want to stay with you . you have filed RCR she has countered it with 498 A . it is advisable to obtain divorce by mutual consent rather than washing dirty linen in public . you will get visitation rights to your daughter .
V R SHROFF
(Expert) 13 July 2012
RCR is useless. MCD IS BEST, BUT IF U CAN'T AFFORD 8L, Wait for agreeable amt.
