RCR

pawan ahuja (Querist) 19 October 2016 This query is : Resolved
Respected sir, If I file RCR against my wife I've the fear that now she has filed false 498a against me so do you think while counselling things would come on track or it will get worst; I mean might be my wife will file other cases because she wants divorce any how & I want my wife back at any cost. So what will be the merits & demerits of RCR come on my side & also on my wife side. (Please help me)

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Devajyoti Barman (Expert) 19 October 2016
Do not repeat your query, more so, when it is already replied.

Advocate M.Bhadra (Expert) 19 October 2016
You should better to agree for filing a divorce suit on mutual consent. A suit for Restitution of Conjugal Right(RCR) is just waste of time and money.

Rather your wife may counter by filing criminal cases u/sec.498a IPC and also u/sec. D.V Act, not only that she can also claim alimony and maintenance.

Ms.Usha Kapoor (Expert) 20 October 2016
Yes! Divorce by mutual consent is the best option.

Kuummaar AS (Expert) 20 October 2016

pawan ahuja,

YOU HAVE SAID, INTER ALIA,

"I want my wife back at any cost."

Practically, filing of cases will not be able to help you much in your objective.

Rajendra K Goyal (Expert) 20 October 2016
Generally RCR is invitation and instigation to other party to file cases under DV Act and 498A. Even if RCR succeed, she can not be forced by court to live with you.

Rajendra K Goyal (Expert) 20 October 2016
In your query at :

http://www.lawyersclubindia.com/experts/498a-620426.asp

You have mentioned as under:

my wife has filed false 498a few months ago & they were ready for mutual consent divorce.

In this query you are mentioning you fear she filed, what is the fact and why this hide and seek with this column.

Please be fare for better advice.

Rajendra K Goyal (Expert) 20 October 2016
It is not a good habit to check knowledge of those from whom you approach for guidance.

It is misuse of this free site.

Kumar Doab (Expert) 20 October 2016
Why such approach?

Engage a very able counsel for all issues.

Sudhir Kumar, Advocate (Expert) 20 October 2016
RCR is a almost guaranteed tool to compel wife (if if she does not want) to file true/false 498a case. She will be compelled to justify her separation from you.

This forum is full of such queries.