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SATISH (MANAGER)     15 April 2012

498 a & restitution of conjugal rights


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).


 3 Replies

kumar101 (clerk)     15 April 2012

In layman's terms

A1) Incase you don't want to live with her, then take back RCR saying change of circumstances

A2) Ask your wife to apply for quash of 498a in HC . It will take couple of months

A3) Get all evidences of her education, work, salary slips  etc. Fight saying that she has 2 hands, 2 legs, highly educated, working, didn't come with clean hands etc. Fight against interim maintenance. Also go for appeal of interim maintenance in higher courts incase ur unhappy with interim maintenance

A4) 498a can be grounds for divorce filing. But why do u want to use 498a as ground when there are many easy grounds like a)didn't cook for u b) abusing&insulting u about adultery etc etc . Talk to your lawyer.


Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 April 2012

This query has been answered in the expert section of this forum.





Shonee Kapoor


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