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GAUTHAM (BUSINESSMAN)     23 March 2014

498a / rcr

Dear Advisors,


The false 498a case filed by my wife against me and my family members has been fully quashed by the High Court. But, she has filed the divorce, I have filed the RCR and would need to contest that. I want to live with my wife only none else. These cases in the family court have not been started yet.... I have already deposited Rs 5lakhs as Interim maintenance over a period of 4 years in the FC for her. 


Now, the question I have is, will she still gets divorce despite the quashal of 498a (I know its a different case) which has got the same allegations as her divorce petition (cruelty, desertion grounds). Do u think the family court would not give any importance to my RCR and decree divorce to her purely based on the fact of non co-habitation for 5 years even though she cannot prove cruelty / desertion ? and grant her the demanded Rs 50lakhs alimony?


Pease thrw soe light on it...


 5 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     23 March 2014

Dear Querist

if the divorce was filed on the basis of cruelty/498A, then the divorce can not be grant after quashing the FIR. fight the case on merit, alimony may be grant as per the status of husband and wife.

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     23 March 2014

You fight the divorce case properly and it can not be granted.


show the petition for exact line of action.

Gautam Kapoor (IT professional Studying Law)     23 March 2014

Mr.Businessman, wife filed 498 on you and your family members... YOU WIN ...you go on and file RCR.. even after 498... she files divorce.. Are we missing a larger chunk of cake .. can you elaborate :)

Kapil Gupta (Advocate)     23 March 2014

Dear client, you have taken a step that will make you safe as you would not have to give the alimony as I can foresee. You should file the perjury case and extortion against your wife if you want.

GAUTHAM (BUSINESSMAN)     23 March 2014



I shall elaborate my story a bit more.


Basically, my wife filed a 498a, 420, DP act 3/4 against myself and my immediate family members 5 years ago. An year after that,  the Charge sheet had  been filed and in the same I was reported as absconded as I was abroad at that time. Infact, in the FIR all the allegations were from abroad only where in she had filed a DV before leaving me from here which was closed due to the lack of evidence. After her return to India, she demanded me to go back and meet her demand. When I did not budge on their illegal extortionist demand of fat sum alimony and MCD she chose to file the false case against me and my family whilst I was abroad. As soon as the charge sheet was filed, she chose to file the divorce (cruelty, desertion and irretrievable breakdown of marriage grounds) with Interim alimony of Rs 25,000per month which I am paying at Rs10,000 per month as per the FC verdict.

We chose to file the quashal based on jurisdiction, and the baseless allegations when the foreign Police have given a clean chit for the same allegations. Simultaneously, since I wanted my wife to reconcile, filed RCR in the FC which has been clubbed by the FC with divorce and the same is still awaiting trial.

High court pleased to quash the whole 498a false case against myself,  and my family members recently. Did also give option to the Police to seek central govt. sanction to proceed against me if they really keen on proceeding. 

Now, she may go to Supreme court or may not .... even if she goes to SC she may have to go on her own as the state support would not be there for her I gather and we shall cross that bridge when we come to it. But the current issue is about the MMC where in I want her to reconcile and come and live with me and not to be decreed divorce purely based on the on co-habitation for 4 years reason.

I am seeking your advise on the same please ... I am fighting the case based on the merits only as I am sincerely keen to reconcile as I strongly believe its her father who himself a judge in session's court is prompting her for his greed. I will not give up but I am being told my lawyer that she would get the divorce even if she does not prove cruelty / desertion purely based on the non co-habitation reason and if that happens I would be devastated.

So, please advise on this query.

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