Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Dear experts, I filed RCR before 498a FIR(we are on AB),with the advice of my lawyer,In her counter she replied with all false allegations..claiming they given 10lakh cash ,20 lakh worth gold,There is no documentry proof signed by bothsides. And said she cannot lead Martial life with me Should I withdraw RCR? Or should I drag? How to use RCR in a best way to make them dig there own grave. Please help me.


 11 Replies

Legal (gd)     13 December 2015

File TEP against girls father . Drag RCR until she dnt put application for HMA 24 .

fighting back (exec)     13 December 2015

it was foolish on your part to file RCR, instead of that you should have filed for divorce. RCR is just like forgiving your partner and asking her to come back, no matter how much she has harrassed cant save on maintainence just by filing a RCr. it is just like sending an invitation card for trouble back in your house.

yes, you can file a TEP with the income tax based on their claims and make them run around the icome tax authorities.

Thank-you for Ur reply @498 warrior My FIL is retired govt employee age 70 Any use if I file TEP.My FIL didn't involved in any except Marriage,her family is poor they are living on her father's pension.With my BIL instigation she filed a dowry case on my family.


I am against any of my clients filing RCR, when the wife leaves her matrimonial or marital home.Filing of RCR initially is an ill advice given to the husband as it gives scope for the wife to file 498A and DV too.The reasons for these legal hurdles is best known to U both and my advice would be to leave the RCR petition to die its death.First get out of 498A with merits from UR side and then think of divorce.

fighting back (exec)     13 December 2015

agree with mr sainath on this....however i would subscribe to the view of "leaving the RCR to die its death" doing would pass on exparte and would therefore weigh heavily on your maintainence cases. as it would be proved that the wife had to leave the husband due to his harrassment and would be more headache to will have to withdraw the rcr and convert it into divorce

Thank-you @sainathdevalla,fighter back I will withdraw RCR ,what is the procedure to withdraw.

Please anyone tell me

Anand Bali Adv. (Advocate Solicitor & Consultant)     13 December 2015

Dear Friend,

You filed RCR on the basis that she left you on he sweet will and not by force. In counter to it she filed 498A now tell me whether the 498A complaint has been turned to FIR against you or not wait till that and try to not to get it turned to FIR as SC has now given strict dirctions to all courts and Police not to arrest any body except with court orders in 498A cases as these cases turn out to be fases many of the times and its cunviction rate is very low the misuse of woman protection laws should be prevented. 

On the other side let the spouse file her WS and try to get them defeated on the grounds of not returning to home. In case you get it established that she has moved out of your home on her own will you will not be bound to pay her any maintenance. In that case your ground for getting Divorce also will go strong in your favour. Your Advocate has rightly advised you for fileing RCR in case he i having the same plan as I have narrated you as above.

Please accept and note the path is tough but if you concentrate on the objectives you will not loose at all.

You can consult me any time if needed for the further course of action.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     14 December 2015

Agreed with the last expert advise. Well thought out strategy

Thank-you @Anandbali Advocate for your advise,I will contact you.

T. Kalaiselvan, Advocate (Advocate)     23 December 2015

You may follow the suggestions made by learned Advocate Mr. Bali, it sounds to be suitable. 

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