Rcr and 498a (wife wants to come back)

Fighting Frivolous 498A case

Dear learned members,

 

Husband filed RCR , Wife filed 498A and still wants to come back on her own condition which can be agreeable...



God forbind however What would happen when RCR she says she will come back and join me and 498A is still hanging ..


Can we somewhere state in RCR that only after 498A fate we will take wife back ??

Please suggest..

Regards
A1

 
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Senior Partner

@ Author

This is my observation to similar 'nature' of queries when asked and when ever may come back haunting the Family law forum seeking The Right Answer.


"YOU KNOW YOUR WIFE ONLY WHEN YOU MEET HER IN COURT'
By: A
Familydev Baba


See, when you and your side of your own family can digest this saying which is well reasoned based on Indian Family Laws and applies well to Indian couples when they are pitted against each other in Court(s).


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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

It is a misconception among some of the learned members of the profession and laymen alike that filing a petition for RCR would help you get away from 498a - as that would create an impression in the mind of the court that Husband is sincere about the marriage and can be therefore protected from 498A.  This is misplaced on the contrary - filing a S.9 means u want to keep her - and it is beyond the imagination of anybody as to why would one want to keep a wife who has implicated a person and family in a false criminal case. 

Here its best to withdraw S.9 on the ground of case against you. Filing a 498a is cruelty enough. Go for 13(1)ib HMA - unless you really want to keep her


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Fighting Frivolous 498A case

Hi Bharat,

Can plain 498a on face of it (without trial/acquittal) be base for divorce on cruelty ground ? I read else where that unless you are acquitted , this ground is not made out.

Please suggest.

Regards

A1


 
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zz

@ Never give up

This is no cruelty, u got is right;(

 
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Lawyer

see if she wants to be back and if you have analysed the pros and cons of the situation and feel that she can be taken back than you can make her agree that she should help in quahing 498a in high court. once the case is quashed you can take her back. See ultimately its your decision as you would know the relations between you better.

 
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Managing Partner

I competely agree with Mr. Chugh.

 

You have to withdraw S.9 and file for divorce under the above said section on cruelty grounds.

 

What happens is, all these cases, 498A or whatever, they never go till the end. There is always a compromise/settlement and the story ends. They wife always asks for money for settlement. This money will depend on how you take up the matter. If you fight back, the other party sees that you are giving a good fight and she will be in trouble after the case starts - she will ask for some reasonable amount, but if your show your fear, the other party will ask for the moon.

 

She will try to hang on till she finds another "murga"...

 

So, hire a good lawyer and file divorce. Fight your divorce well. So when she sees that you are winnning the divorce case..she might come for a compromise..

 

Also, file divorce, stating that whatever she had complained in the 498A is all false. Counter every point in the complaint...So when se replies...and file an affidavit...she will again lie in her replies....then is your turn..file CrPC 340 (Perjury)..this is how you are converting a civil case into a criminal case...

 

In 498A, you cannot file CrPC 340 unless she come to the court for evidence, and her evidence will happen after two years and only after her evidence you can file Perjury...remember charge sheet is not evidence....so this is your chance...to show her, that filing false cases..does  not work...

 

I have given you a strategy  - which will help you arrive at a solution...being her down to your feet..

 

THIS IS NOT THE TIME TO BRING HER BACK, PLEASE THINK LOGICALLY...SHE HAS MADE YOU A CRIMINAL IN SOCIETY..HAS GIVEN YOU SO MUCH TROUBLE...NO POINT BRINGING HER BACK HOME..SHE CAN AGAIN FILE 498a AND CAUSE MORE TROUBLE...

 

Vikram


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Engineer

@Vikram

 YOU ARE 100% CORRECT.I compleetly agree with you......... 

 
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Advocate/ nadeemqureshi1@gmail.com

Dear Querist/Never give Up

if you are ready to live with her then file an application before the court for mediation & settle the matter before mediation judge and live with dignity & with your wife.

Feel free to call

 
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member and secretory

mr.chugh and vikram are rightly explained

 
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