false allegation ???

housewife

my husband has file an RCR, but he has not mentioned anything about my character.... ( means tht I m characterless).but i do not want to go back, cuz i know he can kill me or harm me by any means.... my question is... can he put wrong allegations on me???... like, i am characterless, because, once over the phone, he threatened me if I do not come with him, orif  I take any other legal action against him... he will put allegation on my character and he said... i will force you to commite suicide....

i dont know wht to do.... if he puts false allegation on me.... he said i can also produce someone... he said I will buy witness... pls help... wht to do....

 
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housewife

ADDITIONAL INFO

Also, before 4 months of filling an RCR,  he filed an NC in one of the police station , when he filed NC tht time I was not in the town, and was with my Parents....

wht is the meaning of NC or full form of NC.... can tht effect me.... i mean wht could be the NC...

 
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@radhika If your husband is putting a false allegation on you in RCR. Then ask him why the hell he wants such kinda lady back in his life?? He will make fool out of himself if he puts allegations on your character and then file RCR to call you back. If he thinks you are characterless then he must file divorce and not RCR. Keep kool if you talk to him over him record the conversation and store SMS and EMails. If you dont want to go back to him. Tell him that thing clearly and take a wise decision.
 
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LEGAL CONSULTANT

 

Dear Mam,

It is very sad to observe that your husband has taken some precautionary meassures to prevent him and his family members from being arrested in a criminal case that may be initiated by your side. He has filed RCR and NC(Complaint for non cognizable offence - No police officer can conduct investigation in such a complaint unless he obtains prior permission of the Magistrate) only to show that whatever you may proceed against him would have to be considered to be counterblast to the proceedings initiated by him against you. Therefore, you are required to take part in the RCR proceedings and satisfy the Court concerned that he has not come to the Court with a genuine prayer. You have to place the relevant evidence therefor on the record of the Court. If you have any further doubts in this case, kindly feel free to discuss the matter with me on 9842197857 for getting further legal advice in this case.

ALL THE BEST.

http://www.jeevaganadvocate.com/

 
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Charu,

She does not say that he does not want back, in fact she only does not want him. So that cannot be cross questioned.Also you need to look at he filed NCR report.

Radhika,

NCR report is non cognizable report, in the event any information shared with police (only for information) and not acting against the information, it is called non-cognizable, so FIR will not be filed in such cases, but police were informed of offense or information or etc etc. So here your husband has filed NCR report of missing you but requested not to act on the information. got it?

Now he moved to  file RCR, so, may be advised by lawyer as protection measure against your side cases on him

My advise, please file divorce if you have valid ground, else seek mutual consent divorce through mediation or elders, do not go as per advise of lawyers to file DV, 498a for the sake of either fast divorce or revenge or egositic tussle.

At end it is waste of precious time.

Hope i made clear and louder.


 
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Hi Mani, Pardon me for my ignorance but what I understood by your post that filing NCR, a husband can safegaurd himself (from police harassement)  from a non-cognizable offence. Is my understanding correct? But how will NCR save a husband from 498a (which is a cognizable offence)?

In case of 406, main harassement is casued by police so if 406 is a non-cognizable offence (Please correct me if I am wrong about 406) then it is really a good idea to file NCR to avoid 406 police harassement. If I am correct the please let me know that if 406 by wife filed after husband's NCR then how will the things proceed?

 
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Hi Fight_with_498a,

I did not mean in my post that it was a safeguard measure, but only meant that may be on the advise of the lawyer, he would have done so. Many lawyers seems to suggest this as i had seen in mutiple sites , this measure was shouted lot. But is  only a proactive measure at later stage to show cause for 498a or divorce. Thats whay many litigants do NCR and RCR following that  thinking it can negate 498a later. Please read shonee post on " why not to file RCR?"

On my understanding, NCR helps in divorce cases and to an extent to deal with extortion. I may be wrong as i am not a full time lawyer practising at courts.

No, 406 is also cognizable as it is criminal breach of trust, this also same as that of 498a. NCR would do little.

Love to hear experts share their thoughts



 
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Yes, I also updated my knowledge few hours back that 406 is a cognizable offence :-( so if a wife leaves matrimonial home and not willing to come back then only thing which can safegaurd husband from 498 is his prayers to GOD  :-P

Sometimes I wake up with a bad dream that what if my wife's boyfriend leave her? She will have no other option left other than to come back or to earn money using 498a :-( Things may take years to get clear and till then I am supposed to pray to my GOD :-)

Alternatively I should offer some money to her boyfriend to not leave her :-) and let me leave peacefully.

 
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