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Non cognizable offence

Page no : 2

(Guest)

Dear Hetal,

I can understand, its for your brother to decide, but if the girl isnt willing, then in such event either she will file petition for divorce and parallely for grant of maintenance. However, if your brother proceeds to file petition for restitution for conjugal rights, the same will be a defence that it was the girl who was not interested in cohabiting and in the petition for restitution, if the girl submits before the court that she is not willing to cohabit and wants divorce, the petition can be converted into petition for divorce by mutual consent the maintenance part can be managed.

1 Like

Hetal (sdfsdf)     01 July 2012

Mr. Nayyar. Thank you again. I reviewed RCR pro and cons on net . Here is some clarification, I'm not sure how true it is

 

When every you feel that you can face some prob. like 498A/DV 2005 you can file HRA section 9 can be filed even if she is staying WITH YOU immediately .

Desertion is NOT a mandatory condition.

1. If she stops talking to you -> you can file RCR
2. If she sleeps on different bed -> you can file RCR
3. If she refuses to attend any marriage party -> you can file RCR
4. If she refuses to welcome your guests -> you can file RCR

Restitution of conjugal rights (RCR) is a civil case. It is a legal way of showing your interest in getting your wife back.

If she files a false 498a, RCR helps in the ways mentioned below.
1) Reduces maintenance and alimony
2) Weakens her 498a
3) Fast tracks divorce
Normally, a wife will not come back once you have filed RCR. If she does,
it'll only be to fabricate evidence against you. Therefore, in your RCR,
never mention your parents' address as your current address. Hire an
accomodation of a room and a toilet and give the address of the rented
accomodation in your RCR. Even if she comes back, she is likely to run away
from the rented accomodation within in a few days. Meantime, use technology
to expose her.

The downside of RCR is that it increases the risk of a false 498a against you. So file an RCR if you are sure that she's anyway going to file a false 498a against you. Alternatively, some people suggest to pay extra (a few hundreds) to your lawyer so that your lawyer makes arrangement for NOT sending out first few RCR notices to your wife. This will, in effect, bring you closer to getting an ex-parte decree without even letting your wife know that she has been RCRed.
Personally, I think that since RCR is a civil case, you should go for a low-cost lawyer.

If 498A/DVA has to happen it will happen, probably they are waiting for the right time when they can lash at you at the most unexpected time when you are in between something important. By filing RCR you would be instigating your opposition to file if they really want to file - its like cutting off the last few strands of the axe that's to fall on your neck rather than waiting in fear. Once and if it falls you know the direction its headed for and then you could cure yourself and launch your war.

2. Filing RCR legally proves the date from when you have been living separately.

3. By filing RCR You are putting on the Good person picture of calling your wife back and not deserting her or throwing her out of your house.

4. Give you a leverage for AB/Bail incase of 498A. Basically adorning an armour (kavach).

5. Legally proving to the court that she and only she was the cause of the marriage breaking by deserting you and not you!!

Now the most important points to ponder on which should be everyone who files RCR that should be a safe kept secret final objective.

6. So if point 5 is proved then you again get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn't want to join you but stay away and suck money off.

7. Also if pt 5 is proved it proves the wife has not looked into the benefit of the child by deserting and breaking the family for her whims and fancies - if the court looks at the benefit of the child should he/she be in the custody of the person who did not look at his/her benefit in breaking the marriage??

Now note during the initial petition for RCR do not mention any conditions in it come what may - you bring up these conditions only on the final stages when you think its going to backfire and she is going to join you against your wishes and for her ulterior motives.

By not mentioning the conditions initially you are just showing the court that you are unconditionally ready to take her back again trying to paint a good picture.

Also i need to add try to get some weak point of her(your beloved wife )if she has done some thing wrong ,some vedio recording of her etc which you can prove in court and on it basis you can ask court first of all file for anticipatory bail and interim bail .. if anticipatory bail is rejected, make sure you lawyer asks court for written 7 day notice if police wants to arrest you for some investigation under 498a, DP 3,4, DV Act. Then sit back and enjoy .. file some counter cases if there is an occasion, file for divorce if she wants to live with you, file for RCR if she does not want to live with you .. but
in RCR put in conditions which you know she will never agree to .. like accepting in court that she has put false 498a complaint and she should publicy appologize in newspaper etc and she should compound the false case and all that .. basically say that you can only forgive and forget if she accepts all her mistakes and asks for forgiveness publicly for her mistakes .. only then you will "consider" RCR .. and that you would like not to break the marriage as far as possible ..

We are not aware of present condition about my brother and sister in law situtaion. My brother found a job and he move to another state. He wants to constrate on his job., His lawyer already send legal notice in May 2012 first week telling her to come back so we can start our life. In return (her lawyer send legal notice) mentioning "my sister called her repetedelty and assure her to give 30 lakh as maintenance. "  :-)   Infact, she mention , my sister gave her therating call so , without waiting further she is filing complaint under 498 a act.As of now she has not complaint anything.  

The absurd statement in legal notice was 1) my sister called her assured her to give her 30 lakhs and next paragraph her lawyer mention my sister is constatly calling and thereating her :-)  both the statements were contradict.

In this case, She is not after husband but his family members for money. In  frustartion she is taking steps which will cost her long time. Hope indian givernment will revised the 498a law and realized it's husband and wife battle not to involved family members.

 

 
 


(Guest)

Dear Hetal,

Even Supreme Court of India has delivered judgment and laid down principles and has held that there is abuse of provision of Section 498-A. It has further been laid that in the event the girl has lodged complaint u/s 498-A and the allegations are disproved, she can be sued for malacious prosection.

IPC Section 498A and DP Act consider the accused as guilty until proven innocent, and under these laws, the accused are punished even before investigation or trial.

The criminal justice system, which has been thoroughly “sensitized” by radical feminists, is jeopardizing the life and liberty of everyone in the accused husband’s family (including minor children, pregnant sisters and senior citizens) just to satisfy the greed and ego of one ‘woman’ – the wife/daughter-in-law.

These laws violate a citizen’s basic right to life and liberty, right to due process, and right to be presumed innocent until proven guilty.

The DP Act came into effect 48 years ago, and yet women’s rights activists claim that the problem of dowry is only getting worse every day.

Basing their claim on the rising number of dowry cases, they constantly urge the Government to introduce more stringent provisions against the husband and his family.

The current DP Act is sufficient to contain the dowry menace if it is implemented in its true spirit i.e. penalizing BOTH dowry givers AND dowry takers.

To date, not a single woman or her family has been punished for either “giving dowry” or “admitting to giving dowry”, whereas scores of husbands and their relatives have been arrested upon mere allegations every day.

Once a case if filed under IPC Section 498A and DP Act, the marriage invariably ends in divorce.

Section 498A and DP Act have not only converted marriage into a crime, but also serve as weapons that break marriages and destroy families.

Section 498A and DP Act are two examples which illustrate the success of the radical feminist campaign of hatred against men and disdain for the family.

 

Hot on the heels of the Malimath Committee, the judgment of the Delhi High Court on 19 May 2003 in the case of Savitri Devi v. Ramesh Chand and others (104 [2003] Delhi Law Times 824) also honed in on the issue of “misuse.” Delivered by the Hon’ble Justice J.D. Kapoor (who is also author of the book Laws and Flaws in Marriage: How to Remain Happily Married, Konark Publishers, Delhi: 2002), the judgment discusses section 498A extensively. The hon’ble judge “feel(s) constrained to comment” upon it as it “hit[s] at the foundation of marriage itself and has not proved to be so good for the health of the society at large”.

Justice Kapoor prefers to focus on how section 498A results in the “social catastrophy (sic)” of thousands of divorce cases, due to arrest of members of the family and the subsequent reduction of chances of salvaging or surviving the marriage. Rather than examining the cruelty that led to such complaints, the judgment states its concern for the women involved since “remarriage is not so easy” and “women lacking in economic independence starts feeling (sic) as burden over their parents and brothers.”

The judgement repeatedly merges “misuse” of the provisions of section 498A by women complainants and misuse of the provisions by the Police. The hon’ble judge derides the police as “bad and unskilled masters” in whose “iron and heavy hands” the “ticklish and complex” issue of domestic disputes should not be left. Further, the “misuse” by women complainants is explained only as the “growing tendency” among women to rope in each and every relative in the complaint. Needless to say there is no further discussion on the elements, cases or data that constitute this “growing tendency.”

1 Like

Hetal (sdfsdf)     01 July 2012

I agree on misuse of 498A act, because of greedy and frustrated women's and protection of this law. People who are genuiely suffer from matrial abuse , court is not beliveing those women. I read an article about 498 A. it's all about mind game, which create hatered in the relatioship and eventually family start breaking. I wish our legal system was strong enough to solve this matter. Bribe, police connection etc. become important part in 498 A act. rather then focusing on geniue problem.

IPC Section 498A and DP Act consider the accused as guilty until proven innocent, and under these laws, the accused are punished even before investigation or trial.    

The above statement give privilege to destroy husband and his family reputation in society. If husband has sister or brother who is marriage age then he has no choice but to agree all the terms and condition of wife.  If he has property then make sure he save his hard earn money under this act. , old parents has to go through emtional truma because of 498A act. eventually, it's loss on both the side moneywise and reputation. 

Anway, Hoping for best in our case. :-) Thank you Mr. nayyar for sharing your expert knowledge on this forum. 


(Guest)

You are most welcome. Any time if you feel you need opinion, my firm is rendering services 24 X 7.

1 Like

sridher (system analyst)     23 August 2015

In police station she has no role to prove. only she can  complaint.

it is the duty of the police officer to investigate the truth and he has to file a charge sheet manage  the police officer .it is very easy

2) she can file the 498a case any where at any time wait for the winter session to complete in parliament. some fruit full ammendments has to be come out

3 years to 7 years offences punishable are bailable with in the police station it self. as per 41c

4) apply for Anticipatory bail in the high court

5 file a expeditios petition in High court ( means urging the court to complete the case with in stipulated time.)

6) if she does'nt prove 498a it is very good chance to get divorse on cruelty ground as per supreme court judgement

7) you can file a defamation case also

8) you can file a perjury case also under section 340 cr.pc

For all these cases choose a good Advocate

as you said your parents and sister is not living in india

use a judgement like the majistrate should not blindly csummon all the relatives because there is no domestic relationship your sister and your wife go for quash OR Discharge petition

Be patient for fighting this cases you will be winner

best of luck

slsridher388@gmail.com

 

 

 

 


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