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singh (student)     17 June 2012

498a, dv,crpc 125, then sec-9 hma rcr, by advocate wife

Senoirs pls advise.....

can 498a, Jail for husband- bail bolcked by advocate wife tooth and nail, by hook and crook,husand stayed in jail for more then two months......then she filed crpc 125, the RCR S-9(HMA),...

DV already running prior to 498a....

so far no maintainence order by any court....false jurisdiction created in implicate all family members including old parents of 80 plus year of age.

can divorce be filed on cruelty ground....husband lost job...and still jobless depression...getting threatening calls from out-laws to his life and limb and also to his family members too.

now girl do not record her statement in DV....Since last one year...

no one filed for divorce....its more then three yrs since the litigations started

is filing divorce from boy side will be useful to him....or should not file??

is her RCR condonation of allegations in 498a...can it help boy..( any related judgements- pls to refer )


awaiting advises

best regards


 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     17 June 2012

Originally posted by :singh

now girl do not record her statement in DV....Since last one year...

hmmm.... and what was the husband's Ld advocate doing during this one year??  First of all engage a good and clever advocate to fight out all the matters. All depends upon the facts and circumstances, however, prima facie it appears that the husband can file for divorce on the ground of cruelty.

Adv.R.P.Chugh (Advocate/Legal Consultant (     17 June 2012

1. Divorce on grounds of mental cruelty should be filed ASAP.

2. Her 498A/DV Act cases are inherently repugnant to her S.9 - why would any woman want to live at a place so torturous and where there is such a great danger to her life - this falsifies her entire case. Her S.9 is just a facade to make her intentions appear good.

3. Apply for quashing of those cases. 


Feel free to talk !

Tajobsindia (Senior Partner )     17 June 2012

Sometimes empowering makes an “advocate wife” express till eternity her “unconditional” love for her husband believing Hindu marriages are sacrosanct and you are not alone coming here with similar facts. (I have a case where client's wife is a senior HC advocate). Unconditional word used here because only one case i.e. “maintenance” she did not file from bunch available under family laws that she only learnt by heart since her LLB days J


Suggestion is to reciprocate her “unconditional love” by quickly accepting S. 9 HMA and see the passion to file façade of family law cases fading soon from her practice agenda. Follow
Bharat’s too the point advise.

BTW, you should change your advocate and select this time one who was her then classmate that way you will achieve stalemate and give a new twist in an unconditional empowerment modern days metro wife’s estyle of love.


people of india should think twice before having any matrimonial alliance with an advocate family .....more chances of getting abused !!

Savleen Singh (Rikshaw Puller)     19 June 2012


Agreed..matrimonal alliances with police and advoate family shoild be considered after doing proper BVC....dont release the offer without it :-)

kirtikumar ranjan (site supervisor)     29 September 2012

Respected memebers, pls guide

Wife filed after staying 6 month at her mika  by broking locks of  matrimonial house in our absence and locked herself inside the house , a)498a 342,34, b)  342,323,504,506,34 c) 294 & 506 one after other. House was captured by her and her brother and enjoying there since then.   We were so threatned, since that date 5th May 2008 to till date we have not enetred that house and paid EMI.

Now she filed 125 CRPC while leaving in that house and renting one 3 room block of that house.  She has calimed 15000 per month for her and 3 years old child. I am sure  that she may not able to prove cruelity. Shall she liable to get the same?  While in my affaidavite i mentioned that being an engineer due to all these cases and harassment i am able to earn only 7500 per month and ready to cohabit with her if she agrees to come at my work place. But she is not ready to leave that house which is in my Mothers name.

How to proceed, pls guide....

wwith regards,


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