ajay (Specialist) 27 December 2012

Rcr after 498a

Hi Everyone,

This site is very userful and thank you all for your precious time and advice.

here is my qyestion, please help.

Wife has filed a 498a case and then after FIR, I have filed RCR to live with her. will RCR case will be considered since she has already filed 498a against me.

Meanwhile the local police is pressuring me to settle this case with 5 lakhs ammount. but I dont want to. please help me with your knowledge.

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6 Replies

Geetanjali Sharma (Advocate) 27 December 2012

Hello,

Yes your Sec 9, RCR case will surely be considered despite 498A complaint but your RCR case is a civil case and your wife's case is criminal so you have to go through with both litigation.

Dont afraid because Concilation proceeding is mandatory even in your RCR case as per sec 23A of HMA but if you dont settle your family dispute in concilation or mediation neither police nor court can pressurize you to do the same.

Geetanjali Sharma

Advocate

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Shantanu Wavhal (Worker) 27 December 2012

is the 498a complaint filed by wife TRUE ?

if NO, then why do u want such wife back ?

rajiv_lodha (zz) 28 December 2012

RCR was a bad case u put......who advised u? And for what purpose?

Chetan Joshi (Advisory/Advocacy) 28 December 2012

Ajay....

Advocacy is an art, what logic is behind filing RCR, to show that you wanna live with her???....I am sure you have your ANTICIPATORY BAIL secured....

Settling the issue with money now will show that you have accepted your faults. I am presuming that this is a false 498a..Since the FIR has been lodged, prepare a discharge petition and find a good lawyer via reference who can strategies it for you...

And at last but not the least, don't worry and don't lose hope...Fight it!!

Regards

Chetan(dot)7679(at)gmail(dot)com

1 Like

Chetan Joshi (Advisory/Advocacy) 28 December 2012

And just to let you know...The demand for money shows that 498 has a monetary motive..People like these generally give up and settle for divorce soon...