Biplob dpg (non) 22 November 2010

Plsss give urgent advice!!!

Pls advice me as soon as posible.

My wife lodged a Crpc 498A cas against me in the year 2002 and subcequently also filed a following cases in the year as mention Crpc 406-2003,Crpc 125-2004.On provocation of my Lawyer I gave false statement supported by doccouments against crpc 125.I lost the case and she win the case and truth came in front of the court .and now I am paying mentainance allowance monthly to my wife as for courts order.

My wife moved for Crpc 340 against me in the year 2008 for such false statement and documents.The case is now in Initial Process.I also filed a divorce case in the year 2006 against my wife on the ground that she is mentally disbalance one and acted cruelty on me but latter on I had to withdraw the case after 4 monthes as far advice of my lawyer.

Now my lawyer advised me to file Restitution of Conjugal Right application to the court

I want to know as to how I can get benefit out of Such RCR and can I free from The case crpc 340,498A,406 and 125?

If My wife disagree to mentain Conjugal life with me in that case have I to pay mantainance allowance to her or I can discontinue it?

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5 Replies

Jithendra.H.J (Lawyer) 22 November 2010

Its better go for compromise to save the time, money....

(Guest)

Quite confusing case. Please don't blame your lawyers for your wrong doing. I don't think any lawyer will provoke you for filling wrong papers as he gets the information form you only. It is his professional responsibility to accept your brief and defend your case. In any case.

RCR will only bring your wife back to you. The Court can direct her to restore the conjugal rights and if by any chance she does not restore the same. This becomes a fit case of divorce.

However you cannot get away from your liability under section 125. This can get reduced or increased as the case may be by way of filling a request letter in the court.

Production of false evidence is a criminal offence in the court of Law and you should have not done that. It will be better for you to resolve the matter with your wife peacefully and request her to withdraw the case.

Please note that Maintenance under Section 125 has to be paid even if she comes and stays with you. However upon the grating of divorce decree this money may get adjusted in the alimony which gets decided by the court.

Regards,

Vivek

adv. rajeev ( rajoo ) (practicing advocate) 22 November 2010

I agree with Jitendra

Dharmesh Manjeshwar (Advocate/Lawyer) 22 November 2010

There will be no fruitful benefit to u due to filing of RCR petition .............. No court can force any woman to stay with u ........ ur wife has already filed 498A case which if proved would be valid reason for her to not stay with u .......... ur wife will obviously defend herself on the said grounds ........... There will be no change in the current maintenance that court has ordered u to pay to ur wife due to ur RCR petition ...........

(Guest)

Mr. Biplob dpg,

False reply or producing false evidence is not appreciable, even if you desire to amend and willing to provide some respectable solution to your wife you may present a suit for Restitution of consugal rights .The same will reopen the blocked plateform for reconcilliation but future activities does not affect the previous offence if completed by mistake or by willful activities ,better to explain bonafidies if any available in reply to notice under section 340 Cr.P.C.