LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mrs. Sudipta Biswas (none)     18 April 2011

IPC RCR


I have filled 498a against (45 days before) my husband and his parents. They have got anticipatory bail because they are solvent by money power and muscle power. Now if they file RCR against me what will be the effect on me and what should I do then. Still I have not file 406, if I file that, what kind of benefit may I get from 406. May I file DA now?



Learning

 12 Replies

Tajobsindia (Senior Partner )     18 April 2011

@ Author

1
. Seeking Bail is constitutional rights of an subject of Republic of India. Mere filing of S. 498a IPC does not mean you have proved harassment / cruelties. Now you have many years to visit the Courts (evidence) to prove your S. 498a IPC on all the family members that you have filed. Well you also had money power and muscle power that is why you managed to file S. 498a IPC is it not so and it sounds so factious when ladies here say that when you file S. 498a IPC then you are real victim and when husband and his side get Bail then it is tragedy we have hard similar stories from all S. 498a IPC wifes here on and off! Also if all husbands have muscle and money power as you all ladies say then I wish the parliament should be shut down as what is need of legislation when every Tom and Jerry husband in India has money power and muscle power. Your such statements makes prudent persons laugh out loudly.



2. Filing RCR (S. 9 HMA) means inspite of filing S. 498a IPC he is saying to you that 'he still loves you" inspite of harassment / cruelties charges that you have filed on him. Now it depends how much you want to go forward that will depend on the outcome of his RCR. If you donot love him and do not want to return back then contest this case too. If you hurriedly filed S. 498a IPC without giving worldly thoughts then settle the differences by compounding the charges at HC and go back to matrimonial fold and lead healthy life. It all depends on you now.



3. Nothing great has happened if you have not filed additional IPC section i.e. of S. 406 IPC for return of stridhan. You can always tell Magistrate to file additional charges. The benefit you will get is that you have to prove to Court how much is the list genuine and how much it is fake. If proved genuine then all that your father gave as dowry will be returned back to you which you can sell as second hand. In Delhi a new trend has caught up where 498a wife after getting dowry material are selling them in second hand market and migrants coming to Delhi who cannot afford new furniture (household) items are making a mullah out of such SALES so now simultaneously start looking for a good kabadiwala who can buy back the ITEMS under S. 406 since what good second hand (used by your husband) items are going to do good to you when you get them back.



4
. There is no time limit not to file any of the family related Sections / charges on your husband. You can file Today DV cases on your husband and all his family members PLUS you can file tomorrow S. 125 CrPC maint. case and also day after tomorrow (since he filed RCR) file third maint. case under S. 24 HMA. If you want residence and or money or all types of compensation possibly allowed only in India then you may file DV as and when you can afford to pay your Ld. Advocate the petition making copy means his prof. fees and for that no need to ask just do it. But multiplying litigation also means you will be called to various Court to establish them one day or the other and till then you also can’t get re-married so be guided wisely what exactly you want out of your life since your husband has muscle and money power plus he still loves you very much (RCR he filed remember) so he can sustain years in Court just waiting for you to come back to matrimonial home. 

1 Like

hema (law officer)     18 April 2011

You met with the harassment and that is why you filed Section 498-A case.  So, if he files RCR and if you do not want to cohabit with him, you can say so in the court where he files RCR saying that you cannot live with him due to the harassment (physical or mental or both).  This is a sufficient reason for declining the cohabitation. 

Now, instead of filing Section 406 for recovering the stridhan, you file dv case and in that seek the maintenance (if it is required and if you are entitled) and also return of stridhan.

Here, some people instead of answering the questions become judgmental and talk nothing but non-sense.  This non-sense gets gigantic proportions if the enquirer is a woman and that too a woman who comes on the forum after filing Section 498-A case.  She will be crucified and stoned till death.  I wonder what the administrator of this site does to allow such non-sense to flourish.

In our country, the incidents of throwing acid (Tejob) on women / girls are increasing.  If the woman / girl does not succumb the pressure or repulse the advances or refuses to return love, the male ego hurts and to teach a lesson, he throws acid on her face and disfigures her.  These incidents have attracted the attention of the Law Commission as well as National commission for Women and the latter was assigned the job of preparing a draft law to curb this menace and put the offenders with severe punishment.  I do not know how much time they take to bring this Act into operation and stop these tejob throwers into their tracks.

1 Like

Mrs. Sudipta Biswas (none)     21 April 2011

Dear Hema Ji,

Thanks for reply. Actually I don’t want to go back matrimonial house. I only want to return streedhon. One thing if I found that my ornaments are missing at the time of collection of my streedhon, then what step should I take?

If I say at the court that I don’t want to go back then RCR will be dismissed? Would my husband may get benefits by that RCR?. That man is very cleaver. He has lot of property and money, but at the name of his mother and brother. And his business also at his mother’s name. Then how may I get benefit for alimony?

Mrs. Sudipta Biswas (none)     21 April 2011

 

One thing his all bank account are nil from last 2 years. He deposits his wealth at his mother’s account.

How long that session would be run? They all got AB. May that AB ( antice. Bail) be cancelled? If yes then how?

Arup (UNEMPLOYED)     21 April 2011

you are affraid of imaginary fears.

" They have got anticipatory bail because they are solvent by money power and muscle power. "

" That man is very cleaver. He has lot of property and money,"

---   when came to court, you need not fear about all these.

be alert and keep watch.

Arup (UNEMPLOYED)     21 April 2011

" I don’t want to go back then RCR will be dismissed?"

---   no.

you have to convience the court that, they may harm you, if you go back there.

narrate your past experience.

if the court feels that you are staing out without reasonable cause they will pass an order in favour of rcr.

after about one and half years, you will get divorce on the basis of rcr.

Arup (UNEMPLOYED)     21 April 2011

but at the name of his mother and brother. And his business also at his mother’s name.

 

----    you are more interested on money rather than conjugal life.

 

Then how may I get benefit for alimony

---   claim that, he is part of a hindu undevided family.

Mrs. Sudipta Biswas (none)     22 April 2011

I just want to see them behind the bar, and for that i can do every thing, just every thing. how can the court will prove that my 498a is false. i convinshed the IO for write FRI that and convinshedthat i was badly treated by phisicaly and mentaly. that way i will convinsed the Judge also.

they have got AB. how this AB turn to cancell ? kindly suggest me. may 406 put them behind the bar? 

hema (law officer)     22 April 2011

First I deal with RCR and its effects.  Husband filed RCR saying that wife deserted his company without having any reasonable cause.  The burden lies on the wife to prove before the court that there is a reasonable cause for her to leave cohabitation with him and matrimonial home.  The ground for her is that during her stay at matrimonial home, she had to undergo physical and mental harassment by her husband and relatives of husband (if applicable).  For succeeding, the wife has to file a reply giving the detailed descripttion (specific allegations) of harassment met by her and lead proper evidence to prove her allegations.  If there are any medical reports to prove her physical and mental harassment, that is a good ground for her.  During the pendency of RCR, she is entitled to move interim maintenance and litigation expenses application.  If she is unemployed or her status is lower than husband's status, she will be provided interim maintenance and litigation expenses.  She should try hard to get the RCR dismissed.  Despite all these efforts, if she could not succeed in RCR, the order will go in favour of husband.  It does not mean that she will be forced to go back to matrimonial home.  But after winning RCR, one year after obtaining the divorce,  the husband has got a right to file a divorce case on the ground that despite RCR decree, the wife has not resumed cohabitation.  But after winning the divorce suit by husband, the wife is not disabled or disentitled to get "permanent alimony".

Regarding his managing bank accounts and showing himself bankrupt by transferring the funds to his relatives, the wife can ask the court that instead of seeing his bank accounts for the last two years, he has to be directed to produce them for the last 10 years.   The husband will be asked the explanation for this sudden dip in his income and court will take the last 10 years income into consideration for fixing the interim / permanent maintenance.

Now, I come to Section 498-A.  You need not bother about his getting anticipatory bail.  Before the conviction if accused obtains A.B. or  bail, it does not mean he is innocent.  Pre-trial detention should not be treated as punitive.  do not make it an issue. 

For proving Section 498-A strong evidence is required.  So you engage a very good advocate.  This case will be fought by the Assistant Public Prosecutor on behalf of State and your advocate has got a limited role.  But, he will assist you how to prepare for evidence  (examination and cross examination) and what type of documents have to be produced before the court to prove your case.

In Section 406 also he will get bail.

If you want to see him behind the bars for physically and mentally torturing you, you should concentrate on Section 498-A to prove the charges.

If you missed some articles from Istri-dhan, you make list of them and give the concerned police station and get stamped receipt.

Finally, I also advise you to file Domestic Violence case for maintenance, recovery of remaining istridhan.

warm regards.

Raja Sen (sen.raja@ymail.com)     23 April 2011

 

Dear Hema Ji,

 

First of all I want to know that what your gender is. Yes this question can surprise you. I would like to elaborate all that at the last of my opinion.

Hare is Mrs. Sudipta Biswas’s speech!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

No: 1. i can do every thing, just every thing

What did she mean by just every thing???? Could you realize the meaning? Don’t forget that there is a mother in the soul of every woman.

No 2. How the courts can will prove that my 498a is false.

That means the 498a filed by her is false @!!!!!!!!!!!!!!!!

No 3. i convinced the IO. That way I will convince the Judge also.

By what kind of power she will convince the Judge????????. Oh yes she had declared that power. By which she already convinced the IO, isn’t it ?????????????

 

 

On 18th April, 2011 you have asked that: I wonder what the administrator of this site does to allow such non-sense to flourish. Do you think your publications are not bogus? I think all of are bogus and non-sense.

At earlier I have asked about your gender………… if you a male then you should realize the bad effects of dowry law when it is misusing. If you are a female then you are also a sister in law or a mother in law (would be). At that position realize the pain and suffering, when ever this law has been misusing.  Beside that if you are unable to understand the pain then up ………… sorry to say “ bich ka ho……………”

I am requesting not evoke or encourage to misuse the 498a. Please. You should not forget the humanity.

Last of all, in how many cases do able to prove the husband guilty. Just 2%. What a joke!!!!!!!!!!!!  Ha ha  ha !!!!!!!!!!

2 Like

Raja Sen (sen.raja@ymail.com)     25 April 2011

what is the cost of file RCR in District Court and also the Advocate charges.

Ratna Dom (ratnadom@gmail.com)     27 April 2011

 

I am a tribal woman. After fight with poverty I have completed my bachelor degree. After ten month married life I am every moment chasing my death. Kindly help me. My in laws are very cleaver and established. I am confusing that I have no prove of physical and mental harassment made by my in laws. I have discussed with two law years about my problem. But my doubt is they are misguiding me. I have no such money power to fight. So before start any straggle I want to be confirmed. Other wise I have the last option of homicide.

 

The advocates have suggested me to file only 498a at first. After the bail (which they will get) when they will return their house file 406 and this way they will be arrested second time. This is true? (??)

 

After that file DV, by which I will get alimony and accommodation.

 

I have told that they are very cleaver because: (i) before marriage they have sing an agreement where this was mentioned that they have no demand of dowry. And that was sign by my parents.  I have heard that by which they may create trouble against my parents according dowry law if we want back the furniture was gifted by my side. (??)

 

From last two months I am living at my parent’s house. My husband calls me several times to go back but I refuse because they will assault me again if I back. That person recorded all the conversation and will produce as witness (according his threat) that they have asked me several times to go back my matrimonial house. (??)

 

I have no document like phone recording, doctor’s prescripttion. I never want to go back at matrimonial house.

 

At present what should I do for justice? Please help me. And what would be their attack if file mention case against them.

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query