Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sunil sunil (sv)     18 March 2012

Divorce strategy with false 498a

Wife was caught committing adultery and left. I filed a restitution of conjugal rights request. She has responded with 498a and a bunch of false cases against my family. She has cut me off from our baby and wants to remarry as soon as possible.

I don't see much sense in keeping the restitution request going and file for dissolution based on cruelty. However, I don't want to give divorce till false cases are withdrawn and I get better custody/visitation terms. Should I keep the restitution going as she is in a hurry for remarriage or it is possible to drag cruelty case as well?


 6 Replies

Shantanu Wavhal (Worker)     18 March 2012

trial of 498a can continue even after divorce.

first of all, why did u file RCR when u could claim divorce on the grounds of cruelty, adultry & desertion ?

if wife is in a hurry to get remarried and gets ready for MCD, it would be the best option.

sunil sunil (sv)     18 March 2012

I filed for RCR only for the sake of our kid.

If I file cruelty, can I drag it till 498a is also decided? Or is it unlikely wife also counters saying she too is not interested in the marriage?


Shantanu Wavhal (Worker)     18 March 2012

in RCR u cant get only child custody. u have to accept ur child along with her.

RCR, divorce are civil cases.

498a is criminal case.

both are not related to eachother in any way at all.


if both parties are not interested in marriage, go for MCD.

Shwetha (Software Engineer)     18 March 2012

you have already filed for you cannot file for divorce under cruelty...

if the wife was really so cruel, then nobody would want to take her back...and you did the mstake of asking her to come back...

you say she is in a to her...she should agree to withdraw her cases and go for MCD...

sri (ceo)     18 March 2012

u have rcr to recover financial balance... better release the close fist...

sri (ceo)     20 March 2012

because she is not interested in you shes done all...

whatru hanging to...

make peace with self do a mcd...

multiple cases simply drag...

if she did adultery your image has already spoilt...

do you want a rcr crown on that spoilt image...

or is it just an allegation you are making...

it could be related to finances...

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register