LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Subhomoy Das (Retail Manager)     01 July 2011


Hi, My fiend got married 5 yrs back. Post marriage of my friend his wife and her parents started disturbing my friend and his family by creating all sorts of nuisance, and interference. Specially on a sill fact that my friends family is grat follower of God and perform puja. every Tuesday and saturday they eat strictly vegeterian food and even if any guest comes on these two days (Tue & Sat ) they offered special vegeterian food. But at no cost my friends family will bring or cook any Non Veg food on every Tuesday and saturday. However on other remaining 5 dyas they bring and cook Non veg food. There comes the problem from my friends wife is thats she is telling that she wants to have Non Veg food on all 7 days of the week. In due course of time her parents also interfered in the matter and asked my friend and his family that if they dont allow her to have Non Veg food on all 7 days she will not stay there. In due course of time on this matter and other daily household problems my friends wife created she left for her parents house and staying there for last 3 yrs. though her personal belongings is still there at her matrimonial house. My freind and his parents asked her to come back and even asked her parents to send her back. But they didnt listen. Out of no option My friend have filed a RCR against his wife. The case is pending in the court for nearly 3 yrs now as on date. Now my friends wife is threatening that if my friend doesnt withdraw the RCR file in the Court then she will lodge  a false complaint of Torture with cruelty and dowry demands under sec 498A.

My question is that can my friend`s wife now lodge a compalin of under sec 498A . she is not living with her husband or at the matrimo nial house for last 3 yrs which all of their relatives and neighbouurs know very well.

Pls advice


 5 Replies

Sanjeev (Lawyer)     01 July 2011

There is no time limit for filing a 498A case it can be filed anytime even if she is staying away for the last three years. Try to solve it amicably discussing through some mediator (any common relatives).

You say they are threatening to file 498A if you dont withdraw RCR arent they saying what they finally want from this relation if she is not willing to live together then she should be willing for a divorce.

Subhomoy Das (Retail Manager)     01 July 2011

Sanjeev : they want  to stay like this. neither they will go for divorce nor she will return to her matrimonial house. She will stay at her parents house. No divoorce. In future she may file for Maintenance and may be 498 A also. Who knows


Withdraw RCR and file for Divorce on basis of Cruelty (not allowing to have s*x for 3 long years) and Desertion (which require min 2 years of separation).

Parth Chandra (none)     01 July 2011

There is a story - fox and deer

Fox is small so they can't kill deer in straight fight....so what they do....they scare them and make them run....after running for some time the deer exhaust and stand where fox running around deer....round and round and round so the deer also need to turn continuosly....when the deer becomes slow....fox tries to byte deer on back leg.....at end deer gives up and sits down so that fox can attack on deer's neck.........

The moral of the story is whoever has the patience/stemina/burning desire to win at any cost would eventually suceed.

The reason why 498a is filed is to scare the husband and in-laws........If you run and do not give up and get AB or regular bail.......then they would make you ........

the mistake most husband do in such cases is they either meet their demands or files for Divorce in anger/frustration/revenge......that is all they want.......

One should enjoy life and have pations......a man can marry/become father even at age of 50 ..... a women can't ....that is why to speed up the process of separation they file 498a thinking that husband would either beg them to re-join or to give divorce with heavy alimony in fear of all these cases......

Read the thread --> https://www.lawyersclubindia.com/forum/Re-Timing-When-to-file-for-divorce--39266.asp
and remember one thing.....just patience (zapt in urdu), Tap in Hindu mythology can make you a winner...........................................at last...........................

james (pro)     01 July 2011

For all...

All I can say follow what PC said her just now......

It is helping in my case what he has suggested to you.......

This is the game of nerves and you might have played the game "who ever blinks the eye first looses"

Rest all in the hands of allmighty GOD.........

Have a good life...

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register