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Rakesh ggg (Agriclture)     03 February 2013

Rcr / 498 a

Dear Friends,

 

Request you to please go through

I had filed an RCR in SEPT 2011 and at present its in evidenece stage and in between i.e after filing RCR, my wife  side they have filed 498A  in October 2012  and i was arreseted and spent a day in jail .They have also filed DV act.

And my lawyer suggested  even afer filing 498a will continue with RCR  and later on will see weather she is going to come or not  and in RCR evidence  stage i.e. in her Affadivit she has  said My husband and their parents have tortured me like anything and its imposibble to continue as her wife and they are requesting to dismiss my RCR to Judge.

And also they mentioned they have spent around 50 laksh for marriage and for setting up home which is completely false and also she has given our Reception CD and also Marriage CD.

Will court dismiss my petition  or allow .Could you please tell me what should i do now.

Regards

Rakesh



Learning

 4 Replies


(Guest)

Dear Brother Rakesh:


What actually is RCR, in layman terms:


Restitution of conjugal rights, ie asking the spouse to come and rejoin, stating that he or she has left him or her inadvertently.


RCR basically is filed so that to get back wife or get back husband.


Though it is a law, it only exemplifies the emotions of the party who seeks RCR, its only on paper, nobody can force, if the other party is so very adamant and not willing to cohabit, then no court can do  anything about that.


As you have stated, that you went for RCR, later on they have put 498a and DV case also, it will amount to cruetly.


Dear brother Rakesh, you will eventually come out clean out of both the DV case and the 498a case, only thing what matters most here is your patience, and giving support to your family members [parents, elders], not to get discouraged by these acts.


I know you and your parents and family members have been put through a lot fo difficulty by these two acts of your wife.  False allegations of paying 50 lac etc, such are the things which you will commonly find in any DV case or 498a case.


Please do not withdraw the RCR case, file a divorce case stating that cruelty has been meted out on you by your wife by the way of her putting DV case and 498a case, expalin in detail what all emotional rape you have had to undergo because of these two cases.


The cases of 498a and DV will keep running parrellely, but never take back RCR, you keep telling that you want your wife back, this will act in favor of you to get a divorce in the long run.  


Once it is proved that the cases are false, obtain certified copy of the judgment sheet, file it in the family court, and get your divorce.


That is plan 1.


Plan 2:  Go for conciliation, forget all these cases, cases are on paper.  No doubt you have had to undergo lot of stress and humiliation in society, but a known devil is better than an unknown devil.  Talk to your wife, try getting a answer as to why she has done all this, in the end what matters is only two people, one is husband and other is wife.  Time will pass, today who all are supporting her to put such cases wont be there tomorow when she becomes old, the same holds good for you. 

Everybody needs a second chance, give your life a second chance by giving your wife a second chance.  I am not saying it is easy to forget, people never forget anything, I agree with that.  But this 498a, DV case, RCR, divorce petition, alimony, interim alimony all these things wont be over so very easily, it will take lot of years to get over.  Here the suggestion would be that, you  somehow adjust with her and she with you.  Instead of roaming to court halls for years together, adjust and live together.



Plan 3:  Cant do both of the above?  Go for Mutual consent divorce, bribe her enough that she will give you consent for divorce, and all will be over within 7 months to max 1 year.


Regards,


Sujay

Nandha (NIL)     03 February 2013

@rakeshggg,

 

are you paying any Interim  Maintenance? 

 

@sujay,

 

if wife files DV and if court dismisses the same, can husband get divorce based on her  false DV case? 

 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 February 2013

Dear Rakesh

Marely give the statement that she is not ready to live with you due to above said reason the court can not dismiss you RCR petition, if she is not ready to live with you and not attand the court hearing the court may pass an decree in your favour and you get a right to file divorce petition on based of this RCR Decree.

Secondly if she filed the DV CAse against you after sept.2012 you can file an application before the court and raise a issue on limitation, in DV Case the limitation is One year and after that she can not file any DV Case before the court without filling application u/s section 5 Of Limitation.

 

Filing False cases comes under Cruelty and due to this reason the Hudsband Has right to filed divorce petition against her before the court.

Feel Free to Call

498A_HARRASED (NTNGH)     03 February 2013

Nadeemji,

Im novice to law. As far as i know, DV complaint cannot be filed after 1 year of separation i.e., no domestic relationship etc., But can you please explain more about your line "before the court without filling application u/s section 5 Of Limitation."

 

I know DV complaint is handled as per Cr.P.C and Limitation Act is for CPC.....whethere CPC will also be applicable to DV case.

Please help me to understand this.....
 


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