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Kaatu Poochi (Kaatu Poochi&Co)     30 May 2014

Counter blast

I have filed RCR case after that my wife family have filed 498A/DVA/Maintenance against me how can I handle it. Is it counter blast?.



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 36 Replies

Laxmi Kant Joshi (Advocate )     30 May 2014

You have not given the complete facts of your case , if they had filed the above cases against you then fight all the cases on their merits with the supports of those proofs which shows your innocence in these cases and try to dismiss all these cases .

Gautam Kapoor (IT professional Studying Law)     30 May 2014

yes it is without any doubt.

1 Like

Adv k . mahesh (advocate)     30 May 2014

why she left you house and what are the facts that you filed rcr on what charges you filed if you have any evidences to prove you are innocence then prove it in 498a to come out innocent
1 Like

Kaatu Poochi (Kaatu Poochi&Co)     31 May 2014

k. mahesh sir, 498A framed for punish innocent only.

Kaatu Poochi (Kaatu Poochi&Co)     31 May 2014

Gautam Kapoor sir is the counter blast miss using law? how can I punish my wife family members what is the move of me? kindly explain.

Adv k . mahesh (advocate)     31 May 2014

i know that she or any lady who files 498 A is to punish some innocent husband but why she left facts are not mentioned 

1 Like

Solomon Raju (Advocate High Court of A.P.)     31 May 2014

This simply means that she will join you only after you submit to her conditions or else she needed divorce. The case is a counterblast, see 498A filed by wife is treated like a weapon to discipline the husband as per their thinking..but generally it firebacks and they will understand that they have made mistake in the long run...At least it will take 2 long years for her to realize that she had made mistake...

1 Like

Gautam Kapoor (IT professional Studying Law)     31 May 2014

cheers Mr.Solomon.Well explained.Thx.

Smart - RCR is a two edged weapon and needs to be handled tactfully.. in the hands of a good senior counsel it a acts as a effective dote/antidote.Your good senior counsel should also be able to advise you when you no longer require the dote/antidote.

Counter blast cases filed with malafide motive/intentions  read 498,DV and MC is indeed punishable, you need to go through the initial trauma... read AB bail/regular bail.. constant family tensions,attending hearings,hardships to your loved ones,vagaries of the corrupt judicial system and then you need fire the final salvo read punishment.

1 Like

Biswanath Roy (Advocate)     31 May 2014

You need not to handle cases filed by your wife against you.  Those can be easily tackled by any expert Senior Counsel that may call peril to your wife. As to your second question I say it is a counter blast.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     31 May 2014

Please take reference of my post from the following link also: -



https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U4nYjXbYVdg

Kaatu Poochi (Kaatu Poochi&Co)     31 May 2014

T. Kalaiselvan, Advocate (Advocate)     01 June 2014

In the present scenario many newly married women do not understand the meaning of marriage and they still want to continue their unchecked lavish life style what they enjoyed under their parent patronage.  If their behavioral attitude is questioned, they get provoked and revolt in a misguided manner and the first weapon they choose it lodging false complaint against her husband, parents and all other household members sparing the house maids under cruelty and prevention of dowry harassment laws.  This is another similar case.  However RCR may not be an effective tool to bring her to a negotiation platform, it is better to challenge her false case appropriately and simultaneously file a divorce case on the grounds of cruelty and mental agony.  This will shake her very base and may prompt her to think about her irresponsible behavior.  Let your RCR continue for the present, if need be, the same may be withdrawn at a later stage and divorce case may be filed.

1 Like

Biswanath Roy (Advocate)     01 June 2014

It is my pleasure to see that Learned Mr. KALAISELVAN has matured observation and appropriate advising  ability. Thanks to Mr. Kalaiselvan.

1 Like

498 A fighter (Advocate)     01 June 2014

if once wife file  a case then it is hard to show our innocence those who suffer they only suffer others cant imagine how to collect the evidence of their innocence

case will r un long upto 5-7 years if justice come to either side if wife side also then what is the use of  such justice and if husband side also then also it is useless?

it is better to kill such a woman and go to jail for 7 years

there he has many profits...


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