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chandermohan (proprieter)     31 July 2012

Need urgent help

Dear Sir / Madam,

                               I had filled a RCR petition in court as my wife left our house 7 months back and took our 3 months old Daughter at that time along with her and took all the jwellery also. Now my first date is on 7 Aug. I would like to know if she does not appear in court then what and if she appears in court and starts accusing me of False allegation then what. If she says that she has not taken jwellery then what. Acctualy before filling the petition  we had family meetings and even a meeting at Local P.S as my wife filled a complaint against me before leaving and during the meeting in P.S. they pacified both of us and she agreed to come back but latter refused same thing happened during our family meetings. At last when i talked to her sister at that time what i was expecting they told us that i will have to leave my Widow Mother and take a separate house then only she will come back for which i refused. They dont allow me to meet my Daughter and for this i use to get mentaly disturbed and tried to eat sleeping pills also but fortunately i was aved. Now i want that we all should liv together and dont want divorce, but if my Wife does not attend court for counselling then what. Will i get visitation rights to see my daughter as my wife has started telling me that she has fear that i will kill our Daughter and her alsso. I had been sending some money from last 2 months to her through courier. I am very confused please guide me that what will be the proceeding in court as my wife is very much under influnce of her widow mothe and her chacha who is also alone i dont know married or not living with my wifes mother from last 30 years. Waiting for your urgent advice

Thanks & Regards


 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     31 July 2012

1. RCR is the litmus test, by which the court gauges what is left in the marriage. RCR has got great symbolic value for the husband, and manifests his good intentions of wanting to resume matrimony. If the wife fails to come to the hearing - the court would pass an ex parte decree against her. This would be quite persuasive and effective in fighting a false 498a/maintenance cases. 

2. Read : How to fight a false 498A ? ui.Image

“For men in India marriage is a lottery but you can’t tear up your ticket even if you lose…” and it’s not just you who would have to live with the lost lottery but your entire family may have to suffer at the hands of a system so grossly skewed in favour of women.

Marriages may fall apart for a lot of reasons, temperamental issues, compatibility problems, but does that make you an offender in the eyes of law? Yes it does, your estranged wife in order to have her way in arm-twisting you may implicate you and your family in end number of false cases, 498A being the foremost.

498A penalizes cruelty for dowry, almost always comes alongwith S.406 Allegations which basically penalize the criminal breach of trust, when your wife’s articles are entrusted to you and you fail to return them back – misappropriate them or convert them to own use – you are criminally liable !. By aid of S.34 of the Indian Penal Code – your family/relatives can be held liable for the same if they share the common intention with you.

Now if you think that you have a wife who can potentially do this for money or the kicks that her ego gets out of the same or pure vengeance then you are my friend in a vulnerable situation, but there is a silver lining to this, there are legal strategies that may help minimize, if not completely rule out, the damage or mischief that may occur to you.

Being a Supreme Court Advocate and a Mens Rights Activist I speak from experience, the following things may(if done correctly) help in a lot of cases :-

1. Insist on a dowry-less marriage – Preparing of list of articles received at the time of marriage, countersigned by both the families, would help rule out exaggerated claims later !

2. Digging the well before the fire starts; when trouble starts at home you apprise all concerned of the problems that you are facing, not for the purposes of any action but information;

If you see things going awry in near future, then it would be good idea to seperate from parents to a rented house with sufficient public notices;

3. As per the prevailing law atleast here in Delhi, if your wife approaches a Police Station with her complaint, she is to be forwarded CAW CELL instituted to try and reconcile and investigate and act as buffers so that penal actions are not inititated right away. Once the matter goes to CAW Cell – apply for an anticipatory bail , you are sure to get notice bail atleast – this would help in two ways :-

a) Give you greater confidence, level playing field in the CAW Cell talks;

b) Prevent any hasty arrest on failure of conciliation;

All in all nothing to lose in this and in this step 1. Would help a great deal.

4. Seek a copy of complaint via RTI ASAP, since they deny at the first instance you’d have to appeal therefrom which may take some time. There are CIC Decisions that would help you here.

5. In the event of an FIR being registered apply for AB again, and quashing of FIR (not always depends on the kind of allegations leveled)

6. Filing Restitution of Conjugal Rights (case that you want her back) may help in some cases, but not in all. Sometimes it helps in defending maintenance cases, and showing your bona fides.

7. Keep a check on your wife’s finances. Would come handy defending maintenance cases.

8. Prosecution (S.340 CrpC) for perjury in cases of false & exaggerated claims in maintenance petitions.

9. Tax Evasion Petitions once you get the List of Istridhan may also help put pressure.

10. Dowry Prohibition Act – penalizes giving of dowry so in case there is a clear admission of DOWRY (not Istridhan) then in that case your in laws are also liable to be prosecuted. Think on these lines !

11. With a marital property law on the anvil, don’t buy property in your name, much less jointly with spouse.

The above may go a great deal helping you defend correctly, my advise would be to stand your ground, don’t give in to their extortionate tactics, once you’d get an AB the worst would already be over and after that the judicial system with it’s endemic delays won’t treat your wife differently, sooner or later she would realize that frivolous litigation doesn’t pay !

The Author is a Supreme Court Advocate, and a Mens Rights Activist and can be reached at bharat.law06@gmail.com, Tel : 9810553252.

2 Like

chandermohan (proprieter)     01 August 2012

Dear Sir,

            In the first hearing of my petition can i tell court that i should get visitation rights to meet my Daughter as my Inlaws and Wife dont allow me to meet her or i will have to file a separate case for that. For how many time in a month i will be allowed to meet my Daughter.

Thanks & Regards

Vijay Kumar (Supply and Distribution Management)     01 August 2012


if any one eighter husband or wife not ready to live together , no body can do anything.

Pls decide but you want.

You want wife through court not possible. (only possible through mutual consent / counselling)

if cse is in court - just forgot wife.

You want  your child back ; what is your income, what is your wife's income.

I have also expereinced all this , i had neighter seen any case when H&W placed cases in court and get together after judgements of judge.

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